Deprivatization of a share in an apartment 2023

Deprivatization is an official procedure that acts as the antipode of privatization. In recent years, this procedure has become widespread and is becoming increasingly popular among property owners. Let's look at what the deprivatization procedure is and what features it has.

What is deprivatization (deprivatization)

Deprivatization is a voluntary process in which real estate is actually returned to the ownership of municipal authorities (the reverse process of privatization). Thus, the owner will change his status to a tenant and will be able to continue to live in the apartment, however, in accordance with the terms of the social tenancy agreement.

It is worth noting that there is no official interpretation of deprivatization. Until the corresponding law has been adopted, the terminology is simply missing. However, this does not prevent the procedure from working at all, and it is described in many current regulations.

Many analysts consider the concepts of deprivatization and deprivatization to be identical. However, in some situations there may be significant differences between them. Thus, reprivatization refers to the forced return of housing that has become the property of the user without legal grounds.

Law on deprivatization of apartments

Last year, the Russian Parliament approached the study of the issue of deprivatization. Representative of United Russia Elena Nikolaeva submitted for consideration a project according to which low-income citizens who cannot maintain their housing will be able to refuse it in favor of the municipal authorities.

This project initially caused a lot of controversy.

Some analysts believed that the introduction of such rules would create speculation in the housing market, and unscrupulous officials, taking advantage of the life difficulties of citizens, would force them to renounce their ownership rights to their homes.

In addition, many experts have noted that the adoption of the law may provoke a situation where regional authorities will force low-income Russians to renounce their ownership rights to real estate.

However, despite all the controversy and opposition, the law has not yet passed its final reading, although it was expected that it would begin to work from the beginning of 2018 or at least 2023. So far, Parliament has refused to take up the consideration of the draft, giving its authors the opportunity to make improvements.

Pros and cons of deprivatization for a homeowner, when it is profitable

Like many processes approved at the highest state level, the deprivatization of apartments brings with it both positive and negative aspects.

Until now, experts are not sure of the feasibility of this procedure, since the rights and interests of owners have not yet been properly protected. Only after the adoption of an official law on deprivatization can we talk about the specific advantages and disadvantages of the procedure.

So far, analysts are paying attention to the following advantages of the deprivatization process:

Reduced housing maintenance costs. According to the law, owners bear full responsibility for the repair and maintenance of their living space. If deprivatization is carried out, they will be relieved of these responsibilities, and there will be a reduction in the economic burden on the user's budget. And all expenses will fall on the state authority.
Possibility of obtaining an apartment with a larger area. The state implements many programs to provide housing to its citizens. Social housing is provided based on the number of family members. After deprivatization, a family has the right to apply for an apartment with a larger area if it meets the conditions of the state program.
Protection from illegal encroachment on housing. This parameter is especially important for elderly citizens who have no relatives. They often become victims of scammers and lose their home. The deprivatization carried out will relieve them of this problem.

In addition to the positive characteristics, it is also necessary to mention the disadvantages of the program:

re-privatization is impossible, since this right can be exercised only once in a lifetime;
social housing cannot act as collateral, which will deprive the user of the opportunity to receive a large loan amount;
Loss of property rights entails a ban on free disposal of housing. It cannot be donated or sold, or quickly rented out.

Housing rights after deprivatization

Many users have a natural question regarding the future fate of the owner after deprivatization.

According to the current principles of legislation, one of the most important conditions for the procedure is the recognition of the apartment as the only home for the owner. In such a situation, even if he renounces his property rights in favor of the municipality, he will retain the lifelong right to reside in the apartment.

Consequently, the deprivatization of an apartment will entail a number of consequences, including:

Preservation of the lifelong right to reside in deprivatized housing. A social tenancy agreement will be concluded with the former owner, which will confirm his rights to housing;
The user will lose the opportunity to independently manage the property. Consequently, he will not be able to donate or sell his own home, since in the process of deprivatization he will lose his ownership rights;
The apartment cannot be rented out legally. If the user lets the tenant in, and this becomes known, he will be recognized as a violator, and administrative proceedings will be opened against him, which will result in penalties or termination of the social tenancy agreement.

Under what conditions is deprivatization of residential premises carried out?

At the legislative level, it is approved that citizens of the Russian Federation, officially recognized as low-income, have the right to renounce ownership of real estate and can at any time transfer it under the jurisdiction of municipal authorities or the state.

If the owner decides to take advantage of the opportunity of deprivatization, the authorities will be forced to conclude a social rental agreement with the former owner for the corresponding apartment. At the same time, there are no special conditions for housing.

In particular, deprivatization of residential premises will be carried out without any particular difficulties if the following parameters are met:

The apartment is completely free of any obligations. Thus, the apartment is not the subject of collateral and is not under the control of the bank, like housing purchased with a mortgage. If there are any restrictions placed on real estate, deprivatization will not be possible.
The apartment, which is transferred into ownership by the municipality, is not the only home for the owner, and he has no other options for permanent residence.
Absence of any debts for utility services. The presence of debts for housing and communal services will not allow the deprivatization procedure to be carried out quickly.

Is it possible and how to properly deprivatize an apartment?

Citizens of the Russian Federation can deprivatize the real estate they own, effectively renouncing their property rights in favor of the municipality or the state. However, for now, only those categories of citizens who have low-income status and who cannot maintain their housing can take advantage of this opportunity. And to do this, you must first recognize the new status.

Without the owner's consent

without the consent of the owner . However, the proposed form of the Law on Deprivatization assumes the possibility of carrying out the procedure by regional authorities in cases where the owner is officially recognized as poor.

The only exception is due to incorrectly carried out privatization. If it turns out that the apartment has become the property of the user without legal grounds, privatization through the court will be canceled and the owner will lose his rights to housing.

With a minor

If a parent with a minor child is officially registered and lives in the apartment, deprivatization is possible only with the consent of the guardianship authorities.

One of the key tasks of the state is to ensure the maximum protection of the rights and interests of the child, therefore it is the guardianship authorities that will decide whether it is advisable to carry out deprivatization, and whether the procedure will entail any troubles for the child.

Deprivatization of a share in an apartment

Deprivatization of a share in an apartment has a lot of features. You need to start with the fact that in order to initiate the procedure, you need to take care of collecting written consents from other owners. If at least one of them does not agree with the proposed conditions, it will be impossible to carry out deprivatization.

If the owner has collected all the necessary documentation and received official written consent to deprivatize his share in the apartment from other owners, then the procedure will take place in the general manner regulated by the current legislative framework.

Deprivatization through the courts

Judicial deprivatization is carried out quite often. As a rule, the court will intervene in the process in situations where privatization was carried out with significant violations. Thus, the privatization agreement will be declared invalid if it turns out that the owner did not have any rights to participate in privatization.

In such a situation, the court will recognize the privatization procedure as void and cancel it, thereby carrying out the deprivatization process. However, in order for this decision to be made, the plaintiff will have to provide weighty arguments in favor of the fact that the privatization process was carried out in violation of the actual norms of the legislative framework.

Step-by-step instructions for deprivatization of housing

Many users are concerned about the question of how to deprivatize an apartment . Step-by-step instructions for deprivatization of housing are as follows:

The owner applies to the Housing Policy Department and submits an application for deprivatization.
The application must be accompanied by a package of documentation approved at the highest legislative level.
If the conditions of the procedure are carefully fulfilled, the municipal authority will begin the deprivatization procedure.

Required package of documents

In order to return a privatized apartment to the state, the owner of the apartment must provide the following documentary support:

an application of the established form, the form of which can be obtained from employees of the Housing Policy Department;
personal documents of all privatization participants who reached the age of majority at the time of transfer of ownership of the apartment;
originals of title documents for housing;
certificate of absence of any encumbrances;
registration certificate for housing issued by BTI;
a document about all citizens registered and living in the apartment;
floor plan and explication of the premises;
a receipt confirming payment of the duty fee;
an extract from the Unified State Register and an extract from the house register.

Difficulties and nuances during the procedure

Great importance is attached to compliance with all mandatory conditions of the procedure. If at least one of them is not feasible, deprivatization will be impossible a priori.

Great difficulties can arise in a situation where a child lives in the apartment. In such a situation, you will have to contact the guardianship authorities and obtain permission to carry out the procedure. In general, deprivatization is a procedure of increased complexity, so it is imperative to take into account all the pros and cons of such a decision.

How to deprivatize an apartment in 2023 - About the garden and the house

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The question of whether it is possible to deprivatize an apartment is most often asked by citizens who at one time exercised the right to privatize municipal housing. In practice, it turns out that keeping an apartment in order is not easy, and besides, the tax burden falls on the shoulders of the new owner. There are often situations when, during privatization, the interests of third parties were not taken into account, thereby their rights were violated. All these are sufficient reasons to initiate deprivatization.

Deprivatization and deprivatization are the fundamental differences between the two concepts

Deprivatization is a process in which the former owner voluntarily gives up his property to local authorities. This is the reverse process of privatization, allowing a person to start using the premises again not as an owner, but on the basis of a social tenancy agreement.

There is no official concept of deprivatization in laws and regulations, so there is no clear definition of the process. However, the procedure is still working and there is a procedure that is important to follow.

Many analysts are inclined to believe that deprivatization and deprivatization are synonymous concepts. But sometimes deprivatization is the process of forced seizure of real estate from a person if it became his property without legal grounds. And deprivatization is more often called the voluntary return of property to the municipality. However, both concepts appear in everyday life and they have the same meaning.

Conditions and consequences of the procedure

As a result of privatization, residents no longer need to worry about the need for repairs; all work here is carried out by the housing office. Residents do not have to pay for the maintenance of the local area and property, and they are also exempt from paying property taxes. By returning the apartment to the state, the former owner loses all rights to it and can no longer dispose of it.

Deprivatization is possible if the following conditions are met:

Initially, housing was obtained through the privatization of an apartment in which a person lived on the basis of a social tenancy agreement. Those. if you try to deprivatize an apartment purchased or inherited, nothing will work;
Living space is the only property and a person has nowhere else to live;
The apartment is not seized, it does not act as collateral, it is not leased;
There were no unauthorized redevelopments in the premises; all work was legalized and reflected in the documents.

It is important to understand that there is no reverse deprivatization procedure. The right to privatize real estate once is given to citizens only once.

The owner himself can begin the deprivatization procedure; if there are several of them, everyone must sign the application, expressing their consent. It is impossible to do without the involvement of guardianship and trusteeship authorities if minor children are registered in the living space.

In some cases, even if the procedure is followed, the procedure still cannot be completed:

The owners have debts on utility bills in this apartment;
All citizens who took part in privatization did not express their consent to deprivatization in writing;
Other people are registered at this address;
The housing was received on the basis of a donation, purchase and sale agreement.

If all the described conditions are met, deprivatization will not be refused. A social tenancy agreement will be re-signed with the former owner, and he will be able to continue living in this house.

Preparatory stage – collection of documentation

Deprivatization, like any other real estate transaction, requires the preparation of a package of papers:

Original passport of all persons who wish to give up living space. It is required to prepare copies in advance;
Title documents (in this case – a privatization agreement and an extract from the Unified State Register of Real Estate);
A certificate proving the fact that there is no debt for utility services;
Layout of the premises (cadastral and technical passports);
Application with a request to cancel the previously completed privatization.

In some regions, local authorities may require additional certificates. For example, an extract from the house register or a receipt for payment of property tax.

Appeal to the city administration and court

In the case of voluntary refusal, the documents should be transferred to local authorities that have the authority to resolve housing issues of citizens. In this case, all owners must be present in person during the process (as an option, their authorized representatives if they have a notarized power of attorney).

After studying all the data provided, which takes about 2 months on average, the authorities make a decision. If it is positive, a new social employment contract will be concluded with each participant in the process. The municipality is not obliged to immediately accept the property back; the probability of refusal still remains extremely high.

The deprivatization procedure is as follows:

Make sure that all restrictions are removed from the apartment;
Former owners are discharged;
Preparing an application, collecting certificates and submitting them to the local administration;
Waiting for a positive decision;
Signing a social tenancy agreement, after which the data in the Rosreestr database will be changed;
Citizens still have the right to go to court.

In case of refusal, the procedure for deprivatizing an apartment implies the need to transfer all collected documents and a completed statement of claim to the court. The termination transaction is carried out strictly in accordance with the Civil Code and is declared invalid. In some cases, the court cannot make a final decision due to insufficient evidence.

Please note that the law sets a clear period of 3 years. This is exactly how much time is given to citizens so that they have time to challenge the privatization deal. But if the applicant has objective proven reasons (serious illness, military service or other unforeseen circumstances), a claim for deprivatization can be filed even after 3 years.

The procedure itself is not yet spelled out in legislation, so controversial issues often arise in the process:

Deprivatization cannot be carried out regarding housing in disrepair or subject to demolition;
It will not be possible to achieve the deprivatization of housing in a military camp (although such real estate cannot be privatized either);
Difficulties arise when there are children registered in the territory who are not yet 18 years old. And the guardianship authorities can issue consent to the deprivatization transaction only on the condition that the family has other housing that fully meets the requirements and is suitable for living;
It will also not be possible to deprivatize housing if one of its owners has already died. By law, his part of the property is already considered an inheritance.

There will be problems with illegally carried out redevelopment. In this case, owners will face considerable expenses for the preparation of a new technical and cadastral plan, plus the payment of a state fee. The process is extremely complex, so it is important to take into account the interests of all persons affected by deprivatization.

Will it be possible to return to the state its share in the privatized apartment?

According to the law, today it is impossible to return only part of the privatized property (share). Housing is either deprivatized entirely with the consent of all citizens, or the only way out in this case is to sell your share to an interested person, buying another housing with the proceeds.

The disagreement of one of the current owners to return the property to the state is already a reason for refusing to complete the transaction. The return process is complex, so when preparing documents it is important to think through all possible difficulties and look for options to solve the problem. The most logical thing to do is to involve an experienced lawyer who will suggest the best solution.

Results

Despite the fact that the law does not clearly define the term deprivatization (or deprivatization), the procedure for renouncing ownership of an apartment is still practiced. In this case, the former owners need to collect documents on the basis of which it is possible to return the property back to the municipality.

Both the owner himself, who has previously been involved in privatization, and a person whose interests were not taken into account earlier in the privatization process have the right to initiate the procedure. This gives such a person the right to go to court to protect his interests.

Read also: Invalidation of a privatization agreement: statement of claim

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How to deprivatize an apartment in 2023

Updated: August 15, 2023, at 10:49 am

According to statistics, approximately 35% of state apartments in Russia have been privatized. In Moscow the figure is higher – 81%. However, there is still enough unappropriated housing left. Moreover, some people prefer to return the property to the state. How to deprivatize an apartment, how complicated the procedure is, is worth understanding in detail.

What is this?

According to the law, the process can be voluntary or based on a court decision. In practice, these are not isolated cases. There is no such concept of “deprivatization” in the legislation. Similar words are used by people privately.

After the procedure is completed, the apartment, which has again become municipal, can be provided to the citizen on the basis of social rent. So that he continues to live there. Why you can be evicted from a municipal apartment is in a separate article.

Deprivatization is rather a forced return of a property to the authorities. Occurs according to a court decision, which the parties are obliged to obey.

The transfer agreement concluded earlier is declared invalid, and the owner loses all rights to the living space.

Main reasons for deprivatization

For a long time, people considered privatization to be necessary, even inevitable. They wanted to get their property, especially after the restrictions of the USSR. It seemed like this would solve all the problems. However, few people thought about the consequences and responsibility imposed on the owner.

For example , paying taxes, financial expenses related to maintaining the apartment, etc. Indeed, amendments made to the content of tax legislation have forced many owners to reconsider their decision.

After all, the tax is now calculated according to the market value, and not the reduced rates from the BTI, as was done before.

List of common reasons to return housing to the state:
· reluctance to take on expenses – monthly rent payments, taxes, repair fees;
· official designation of housing as emergency;
· voluntary desire to give real estate to the country.

The main reason is financial burden. To many it seems overwhelming. In addition, if the newly purchased apartment is located in a building whose condition is recognized as unsafe, it is more profitable to transfer it back. After all, the owner needs to solve such problems himself. When the state is obliged to provide with other, equivalent housing.

Deprivatization or deprivatization - what's the difference?

The deprivatization standards are analyzed in detail and all are included in the content of regulatory acts later. When the need for the procedure became obvious.

It resembles deprivatization in meaning, but there are differences:
· citizens who have lost the status of owners can continue to live in that housing;
· registration times are significantly lower;
· simplified procedure, other conditions.
Municipal authorities, when considering applications from visitors, use Federal Law-189 (Article 20) of the Provisions of the Housing Code of the Russian Federation.

Conditions for deprivatization

The return of the premises is realized through the application of the interested party to the court. After which a court hearing takes place, the result of which is a verdict on the annulment of the contract for the transfer of the premises to a private person. The owner ceases to own the apartment.

To initiate the procedure, the plaintiff must have sufficient evidence. Submit them to confirm violations committed by the parties during privatization. The evidence base will be built on the data specified in the content of a number of regulations of the Civil Code of the Russian Federation.

If the court refuses to deprivatize the plaintiff, this is due to non-compliance with the requirements established by law.

Reasons for refusal to deprivatize

The judge always voices the motive for making decisions, no matter whether they are positive or negative.

Examples of reasons to refuse deprivatization to the plaintiff:

1. Presence of debt related to the use of housing. For example, utility bills, credit debts (when real estate became collateral).

2. The owner does not have the only apartment; he has been living in another place since the end of privatization.

3. There is no written, notarized consent of the remaining participants (all are needed) who are registered and live inside the specified apartment.

4. The fact of uncoordinated redevelopment .

5. Unauthorized persons are registered in the apartment.

The processes are regulated by the standards of the Civil Code of the Russian Federation regarding the recognition of the invalidity of previously carried out operations.

It is impossible to return part of the apartment to the state. A whole object has been designed, it must be given away in its entirety.

Pros and cons of the procedure

It is worth weighing everything before starting the process. Otherwise it will be difficult to reverse it.

Any manipulations related to real estate must be accompanied by paperwork.

Most transactions take a long time, are tedious, and participants have to visit different authorities. Therefore, the decision must be approached thoroughly.

ADVANTAGES AND DISADVANTAGES

Cost reduction. Let it be partial. By ceasing to be an owner, a citizen will be freed from tax burden. In addition, utility bills will be reduced, and “repair fees” will disappear.	Loss of right. It is impossible to restore the right of privatization by using it once. It doesn’t matter whether the person later returned the property to the state or kept it for himself. It will not be possible to obtain ownership of municipal housing again.
There are no fees for major repairs. It is known that municipal housing must be repaired by the owner - the local administration. Tenants need to treat it with care and promptly notify if problems arise.	Restriction of freedom of disposal of real estate. With the deprivation of owner status, a citizen automatically loses the opportunity to rent out real estate, sell it, exchange it, or even leave it to descendants. Often, deprivatization is followed by the eviction of a family. Thus, a person loses living space altogether.
Military personnel will be able to stand in a special queue. So that the state, instead of the returned “old” apartment, provides a new, larger one. The chances increase if the citizen is married, has children, or lives with retired parents whom he supports. The authorities are obliged to take into account all family members.	You cannot use your home as collateral when applying for a loan. Banks are wary of clients who do not have property. This increases their financial risks. Accordingly, there is little chance of receiving a large sum or taking out a mortgage.
Single elderly people will be protected from possible fraudulent activities of third parties. “Black realtors” often prey on old people who live alone in their apartment.	You cannot give, give away, re-register, exchange - all transactions are now unavailable . You can even register another person with the permission of the owner - the municipality. An exception is the tenant's minor children.
If the housing was in a dilapidated or dilapidated building, the citizen was freed from the need to solve the problem on his own. It is enough to submit an application to the municipality and ask for another living space.	When moving out, the family will have to wait for a new one to be provided. Local authorities are reluctant to “change” real estate; sometimes the flexible fund is simply empty. And citizens have to rent premises.

The position of the legislation is important. The bill regarding deprivatization has not yet been finalized. Accordingly, people wishing to undergo the procedure will be vulnerable. It is better to enlist the help of an experienced lawyer without acting on your own.

Where to contact

A special department from the Department of Housing Policy is engaged in the deprivatization of apartments locally. It is located within the local administration. Simply put, a citizen needs to visit the institution where he went earlier when he carried out privatization. After all, he returns the living space to the previous owner.

Procedure:

1. Find out the list of documents and collect them in accordance with the requirements of the court. This is important; general settings may not work. For example, court employees in one city make requests themselves to obtain part of the certificates. In another , only a complete package of documents is accepted.

2. Consent of others . If privatization was previously carried out by a group of people, the initiator will need their consent. Everyone should write something separate. Prepare a written document and have it certified by a notary.

Find out important things: Deed of gift for an apartment from a notary in 2023

3. Visitation of guardianship . When a child is involved, the applicant will need guardianship approval. This is possible if he proves that the procedure is safe for a minor. That she will not deprive the child of housing and his interests will remain unaffected.

4. Transfer of papers . Deprivatization is a forced procedure; a citizen may need to immediately send an application to the court.

5. Wait for the application to be reviewed . The authority will send the citizen a notice, which will contain, in addition to the decision (positive - the process will begin, negative - the reasons will be presented), a date indicated.

6. Having appeared at the appointed time, the citizen will be a participant in the meeting. There the judge will review his documents, study the situation and render a verdict.

7. Next, the parties will have to act in accordance with the ready-made decision. They enter into a special agreement under which they confirm their intentions to hand over the premises to the administration.

8. Interested parties visit the municipality, submit an agreement and other papers there. The administration forms a new social tenancy agreement if the participants wish to continue living in the specified premises. Citizens and government representatives sign there. The new agreement requires registration with Rosreestr, which will take 30 days.

9. Now the former owners become tenants, they can continue to use the apartment where the owner has changed.

What documents should be collected - a standard list is presented:
· statement;
· citizen's passport (originals, copies of all privatization participants);
· birth certificate, if there is a minor among the participants;
· written approval of the guardian/parents;
· consent of the guardianship authorities, also formalized in writing;
· title documents (USRN extract);
· document of transfer (completed privatization), certificate of registration;
· statements confirming the absence of debt from participants;
· original, copy of the receipt of paid state duty;
· technical plan of the premises, floor plan;
· cadastral passport;
· appeal – where the citizen provides the reason that forced him to act.
Other papers that may be required:
· name, basic details (copy) of the bank account;
· proof of payment of all taxes;
· house register data – an extract showing all the people registered in the apartment.

The applicant must have all of the above documents. Both originals and copies. Sometimes it is necessary to have copies certified by a notary.

Cost of the procedure and timing

Then the previous process will be canceled. Accordingly, the rights of all participants have been restored.

If the persons involved fulfill all the established conditions, collect the papers in a timely manner and act promptly, the total period is 6 months . This includes registration of a new social tenancy agreement (30 days) carried out in Rosreestr.

Process nuances

The standard procedure has a procedure established by law. If it is violated or new unaccounted factors appear, this slows down or cancels deprivatization.

Shares

When all shareholders agree and are ready to put it in writing, the procedure is carried out in a standard manner. No complications. The main thing is not to violate the rights of the persons involved, including minors.

Moreover, it is impossible to deprivatize one share. The apartment appears as an integral object.

With kids

The rights of minors must be taken into account. According to the law, children are recognized as a vulnerable category, whose interests must be protected by guardianship authorities in addition to their parents.

The initiator of the process must visit the institution, providing compelling reasons confirming the safety of the interests of the child. For example, he will be deprived of a share in the privatized apartment, and instead will be provided with a similar share of other living space or an amount of money. Funds can be deposited into a personal account. So that, as an adult, the child can dispose of them.

Another option is to find out whether there are conditions under which a privatization transaction can be declared invalid through the court. Or dangerous to a minor. If the children, on the contrary, were born later, when their parents had already received property, the procedure may be canceled altogether.

Find out important things: Housing Certificate for families with many children - 2023

One owner against

The main condition for the implementation of the procedure is the approval of all its participants, i.e. all registered shareholders or family members. The refusal of one is not considered to infringe on the position of the others.

Deprivatization can still be carried out if the person who refuses is recognized by the court as indigent. The plaintiff will need significant evidence: documents, extracts, video and photographic materials, testimony of witnesses.

Through the court

The court has the right to implement deprivatization, following the arguments of the applicant. He will supplement his claim with them.

What evidence is considered significant:
· signs of invalidity or falsity of the transaction have been identified;
· an incapacitated person participated;
· one participant was deceived, perhaps deliberately misled , blackmailed, or threatened.

When privatization is cancelled, housing again acquires state status.

Deprivatization

Implementation of a citizen’s voluntary intention to give housing to the municipality. This is possible when it is the only place where a person lives for a long time. It turns out that the main fact considered by the authorized persons is the recognition of the applicant’s only living space.

It is enough to notify local authorities about the plans by submitting a written application there. This will be the beginning of the procedure. Next, find out what documents are needed and collect them. Obtain the approval of all other owners. The last action will be to conclude a voluntary agreement with the administration and register it. As a result, the apartment will again be transferred to the state.

Deprivatization and deprivatization of housing are similar processes; one procedure is initiated under duress, the second - voluntarily.

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Deprivatization of an apartment: how to do it

In some life situations, deprivatization of an apartment is justified. This procedure is not complicated, but has some peculiarities. You will learn about how you can deprivatize an apartment in 2023 from the article.

Under what conditions can an apartment be deprivatized?

The term “deprivatization” is used for situations when citizens who have privatized an apartment transfer it to state or municipal ownership with the condition that they will use this apartment on social rental terms.

What forces citizens to deprivatize their apartments? Most often this happens due to the fact that citizens who own apartments experience financial difficulties.

One way out of this situation is to deprivatize the apartment.

Indeed, after deprivatization, citizens do not pay property taxes, do not pay the costs of maintaining the building and the apartment itself, and do not pay for major repairs of the apartment. All these costs must be borne by local authorities.

A citizen who decides to deprivatize an apartment is not obliged to indicate and justify the reasons and motives for such a decision.

It is important to keep in mind that, having returned the apartment to state or municipal ownership, it will no longer be possible to re-privatize it in the future, since this is prohibited by law. But other people living in the apartment can do this.

More strictly speaking, deprivatization means the transfer of an apartment from an individual housing stock to a state or municipal housing stock for social use and the further provision of this apartment to the former owner (owners) under a social tenancy agreement.

You can deprivatize an apartment only if the following conditions are met (all these conditions are still relevant in 2023):

the apartment was received as a result of privatization (not by inheritance, not by gift agreement, etc.);
the apartment is the only place of permanent residence of its owner;
the apartment is not under collateral, in trust, in rent, under arrest or under other types of encumbrance;
there are no outstanding debts (both taxes and utilities);
all redevelopments made in the apartment are legal (legalized).

Let us remind you that after the apartment is privatized, the former owner will no longer be able to re-privatize it. This is due to the fact that the right to privatization is granted once.

Please note that at the federal level the procedure for transferring a privatized apartment to state or municipal ownership has not been established. These issues have been transferred to the jurisdiction of regional and municipal authorities. In this regard, each subject of the Russian Federation, region and municipality independently establishes the rules and procedure for deprivatization.

In this regard, citizens who decide to deprivatize their apartments are advised to contact the relevant regional executive authorities.

The procedure for deprivatization of an apartment in Moscow

If a citizen has privatized an apartment in the Moscow housing stock, and this apartment is his only place of permanent residence, then he can transfer the apartment into the ownership of the city of Moscow.

At the same time, the executive authorities of Moscow are obliged to take ownership of the apartment and enter into a social rental agreement for this apartment with this citizen.

The general procedure for the deprivatization of an apartment is as follows (this procedure is established by Moscow Law No. 60 dated November 6, 2002 “On the transfer of privatized residential premises into the ownership of the city of Moscow” and continues to remain relevant in 2023).

At the first step , a citizen who wants to transfer an apartment he has privatized into the ownership of Moscow must contact the executive authorities of state power at his place of residence with an application, which must be signed by all owners of the apartment.
At the second step, the executive authorities of Moscow must, within a month from the date of submission of the application and title documents, conclude an agreement with the citizen, in accordance with which the privatized apartment is transferred into the ownership of Moscow.
At the third step, based on a decision of the executive body of Moscow government, a social rental agreement is concluded with the citizen and members of his family.
The social tenancy agreement must list all family members of the former owner (co-owners) of the privatized apartment who had the independent right to use the apartment transferred into the ownership of Moscow on the date of filing the application with the executive bodies of state power.
Citizens who are not family members of the former owner (co-owners) of a privatized apartment retain the right to use the apartment in accordance with the agreement on the procedure for its use that took place when moving into the apartment.
Let us consider the procedure for deprivatization in more detail.
Preparation of necessary documents.
For deprivatization in Moscow, the following documents are required:

copies of passports (for citizens 14 years of age and older) and birth certificates (for children under 14 years of age);
title documents for the apartment or an extract from the Unified State Register of Real Estate;
permission to alienate this residential premises into the ownership of the city of Moscow from the guardianship and trusteeship authorities, if one of the owners of the residential premises is a minor child.

In some cases you may also need:

a copy of the financial personal account and an extract from the house register from the place of residence;
certificate from the tax office confirming payment of property tax.

Submitting an application to the executive body of state power in Moscow.

An application signed by all co-owners is submitted to the one-stop management service of the Moscow City Property Department. Department employees must accept and consider the application on the day the applicant(s) apply.

When submitting the application, all owners registered in the apartment (or their representatives authorized by a notarized power of attorney to enter into a transfer agreement) must be present.

However, children 14 years of age and older must attend in person.

All owners must have passports, and for children under 14 years of age, their legal representatives must provide their birth certificates.

After registering the appeal and accepting the documents, Department employees provide applicants with an extract from the electronic register of appeals.

Documents for state registration can be submitted by an employee of the Department's one-stop service instead of the applicant(s). In this case, a notarized power of attorney is issued for such an employee.

Drawing up an agreement on the transfer of an apartment to state (municipal) ownership.

The apartment transfer agreement is prepared and executed by the Department. In this case, the period for drawing up the contract and sending the necessary documents to the registration authority is no more than 60 days from the date of receipt of the application. There is no fee charged to the applicant(s) for the service provided.

After preparing the agreement, it is signed by all owners of the apartment (including children aged 14 years and older) with their passports upon personal visit to the Department. Instead of the applicants, their representatives can sign the agreement on the basis of a notarized power of attorney.

After signing the agreement for the transfer of the apartment by an employee of the Department, it is sent for state registration to the territorial department of Rosreestr in Moscow.

After 18 calendar days, a registered apartment transfer agreement is issued to the applicant(s) through the “one window” service of the Department.

Conclusion of a social rental agreement for an apartment

After privatization and transfer of an apartment to state or municipal ownership, the former owners enter into a social rental agreement with the Department (it is prepared by Department employees). After this, they can use this apartment under the specified agreement, provided that they are permanently registered in the apartment and do not have other housing with the right to use.

In this regard, it is useful to know that if, before or after the privatization of an apartment, a citizen is discharged from it, then along with the loss of ownership of the apartment, he will simultaneously lose the right to use this apartment.

Deprivatization of apartment share 2023

Hello, in this article we will try to answer the question “Deprivatization of apartment shares 2023”. You can also consult with lawyers online for free directly on the website.

Deprivatization is a legal procedure for the transfer of property rights from a citizen to municipal authorities and the state by court decision or by mutual agreement of the parties. The legislation has been amended regarding this procedure, which previously could only be carried out through a judicial authority.

However, the voluntary procedure is provided exclusively for the apartment as a whole.
The owner of one share cannot use this option. Only those owners who initially privatized the apartment for themselves can return housing to state or municipal ownership.

Features of deprivatization and deprivatization

The deprivatization process provides an opportunity for city authorities to replenish their housing stock. In the event of a tenant moving or dying, the authorities have “free” square meters that can be provided for other citizens to live in.

Last year, the Russian Parliament approached the study of the issue of deprivatization.

Representative of United Russia Elena Nikolaeva submitted for consideration a project according to which low-income citizens who cannot maintain their housing will be able to refuse it in favor of the municipal authorities.

It is also possible to declare the act of transfer of private ownership invalid in court. Termination of a privatization agreement and recognition of this agreement as invalid are two different things.

The reasons for these decisions and the consequences differ significantly.

In the event that the deprivatization of a share in an apartment is carried out by the owner voluntarily, and not through a judicial body, the right to privatization can no longer be exercised by law.

To take advantage of voluntary deprivatization, the owner of the share must come to an agreement with the remaining owners. Without consent from all owners, the procedure is impossible.

Who needs deprivatization and why?

The reasons for deprivatization are the financial difficulties of the owner. It transfers the right of ownership to the state, since only the owners have the obligation to pay taxes and utilities. The apartment is completely free of any obligations. Thus, the apartment is not the subject of collateral and is not under the control of the bank, like housing purchased with a mortgage.

When asking the question whether it is possible to deprivatize an apartment, you need to be 100% sure that the decision is made correctly. It is no longer possible to privatize the same apartment a second time.

Apartment deprivatization 2023: what is it and how to deprivatize

Only the owner has the right to declare a desire to alienate his property.
In addition, if the housing is divided into shares, you must obtain written approval from all other owners. The law says that any homeowner who has received his rights to an apartment as a result of privatization can deprivatize it back at his own request and on a free basis. And the city authorities are obliged to take ownership of these square meters and enter into a social rental agreement with the former owners.

You will also have to forget about your dreams of deprivatizing housing if at least one letter has been changed in the documents for privatized real estate.

Relinquishment of property as a way to avoid loss of housing

But social housing tenants will now not be able to sell their apartment, rent it out, inherit it, or give it away. They will not be able to get a loan for the apartment, they will not be able to remodel it.

There is no such word as deprivatization in the legislation.

It only clarifies that citizens who have a certificate of state registration of the right to an apartment, which is their only place of residence, have the right to transfer its ownership to local governments or the state.

To the question whether it is possible to deprivatize an apartment, the answer is yes. How to do it? There are two methods. In the first case, you will need to go to court. The plaintiff must provide convincing arguments why he needs privatization. This process takes a long time and is problematic. Failures occur frequently.

This option is a kind of protection for single elderly citizens. To avoid fraudulent activities on the part of “black” realtors, a citizen can transfer ownership to the state.

Possibility of refusal: authorities refuse problematic housing

How to deprivatize an apartment using another method? There is a law according to which the owner can enter into an agreement with the state, which will indicate the fact of transfer of housing into state ownership. This right is regulated by Article 9.1 of the Housing Code of the Russian Federation. Local authorities cannot refuse a citizen.

After this, a social tenancy agreement is concluded.
Citizens of the Russian Federation can deprivatize the real estate they own, effectively renouncing their property rights in favor of the municipality or the state. However, for now, only those categories of citizens who have low-income status and who cannot maintain their housing can take advantage of this opportunity.

And to do this, you must first recognize the new status.

Owners decide to deprivatize their apartment for various reasons, and the economic factor does not always play the main role here. Owning an apartment can be a serious burden or obstacle to realizing your plans.

It is worth noting that adult citizens can use the right to privatization only once. But the legislation allows children to privatize housing again after it has been deprivatized.

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

But this law remains up in the air, so today any citizen, regardless of the date of privatization of housing, has the right to deprivatize it, according to the above article.

Some citizens are provided with state or municipal housing, which can be registered as their own. After some time, the question may arise whether it is possible to deprivatize the apartment.

This procedure is carried out, you just need to know its main nuances.

A state apartment can accommodate a certain number of residents; if the family is large, then another larger one is provided.

In a privatized apartment, you will need to pay for each resident.

There is one drawback: if the condition of the house is in disrepair, only residents of privatized housing can get space in another house. But there are not so many such unpleasant exceptions.

What real estate can be returned? Restriction system

To allocate shares in an object, persons who have formalized privatization must enter into an agreement or go to court to determine the shares.
Thus, the owner will change his status to a tenant and will be able to continue to live in the apartment, however, in accordance with the terms of the social tenancy agreement.

However, the proposed form of the Law on Deprivatization assumes the possibility of carrying out the procedure by regional authorities in cases where the owner is officially recognized as poor.

Documentation that must be presented to the housing authority at the place of residence for the alienation of a property:

Passport and a copy of this document.
Application for deprivatization.
Original certificate of ownership + its copy.
Technical passport of the apartment (copy).
A certificate confirming the absence of a seizure or mortgage of housing (issued by a division of Rosreestr) and a copy of it.
An extract from the house register, as well as a photocopy.
An extract from the Unified State Register (requested at the Rosreestr branch) and a copy of this paper.
A document confirming payment of the state duty, a copy of it.
In case of transfer of living space in a communal apartment to the city, a financial and personal account will be required.
Court decision on the invalidity of the privatization agreement (in case the owner applies to the court)
Permission from the guardianship authorities (if one of the owners is a minor who is participating in privatization).

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