Apartments are becoming an integral part of our lives and significantly simplifying it. It's hard to find a person who wouldn't want acquire similar real estate.
You can find out how long free privatization in Russia has been extended for, and how much it will cost at the end of this period, how to privatize an apartment if the warrant for it has been lost, and also how to fill out an application on our website.
general information
Many citizens think that in order to become a full-fledged owner of an apartment, all they need to do is acquire ownership of it.
In part, such thoughts are correct, because ownership is of decisive importance in matters of who actually owns the property.
However, we should not forget about another important action, which is called privatization.
The concept itself came to us from the Soviet Union. Then all state real estate was urgently transferred to private property , which, of course, presupposed a certain procedure.
But you should not think that today all real estate is privately owned, and there is no need for the procedure.
Many citizens continue to live in housing under a social tenancy agreement , but in fact, the real estate is purely state property. In some cases, it is still possible to privatize such an apartment if a number of factors are met.
But sometimes a successfully completed procedure raises questions among some citizens, calling into question its legality . Therefore, sometimes there is a need to challenge this procedure or make changes to the procedure. We will talk about these issues in this article.
Read about the procedure for deprivatizing an apartment in our article. A sample claim to the court for recognition of the right to privatize residential premises is available.
Consequences of declaring a transaction void
As a result of challenging a transaction or declaring it void:
- The remaining participants lose the received property, but restore their right to privatization.
- Officials who approved a procedure that violated the rights of one or more residents are subject to administrative liability.
- Compensation for violation of rights is awarded (if required).
- Housing ceases to be private property and again passes to the balance of the municipality.
Legal consequences
Immediately after the statute of limitations is restored, the court begins to consider the case - challenging, adjusting or completely canceling the privatization of the apartment.
Legal consequences may be as follows:
- The violator will refuse privatization voluntarily.
- Administrative responsibility for officials (employees of the administration, Department, Rosreestr, BTI).
- Restoration of unaccounted for rights (for example, inclusion of a child in an agreement on the transfer of a municipal apartment).
- Assignment of compensation for violation of the rights of the plaintiff or his representative.
- Cancellation of apartment privatization and return of housing to the balance sheet of the municipality (More details about this in the article “How to deprivatize an apartment, housing”).
Thus, if privatization was violated, it can be challenged and even cancelled. If the plaintiff establishes the fact of a violation, prepares convincing evidence, exercises the right to file a statement of claim and does not miss the statute of limitations, everything will be in order.
Legal consequences of challenging
Recognition of a privatization agreement as invalid gives rise to legal consequences.
It does not matter whether the transaction is declared void or invalid - the consequences are the same:
- The apartment is returned to the owner, i.e. transferred from private property back to municipal property.
- Residents who have lost their rights can enter into a new social rental agreement with the right to subsequent free privatization (one time).
- Those discharged during the privatization period regain their registration in the same apartment.
- The privatization agreement can be preserved, subject to new changes (for example, determining the share of a minor).
When is it considered illegal?
In what cases is it possible to invalidate a process? Not every privatization procedure is considered illegal .
The legislator has established only a number of factors that, one way or another, may influence the consequences of the procedure to be rejected . So, let's look at some of them:
- If it was carried out on behalf of a minor citizen, then it is likely that such an action could be challenged in court, but for what reason? The fact is that a minor, due to his age, cannot fully understand the full responsibility of the decision, and his representatives can make a transaction, guided not by the interests of the child, but by their own benefit. If this fact is proven in court, the procedure will be considered invalid.
- If a citizen was declared incompetent, and this procedure was also carried out on his behalf, there is every reason to try to recognize the process as illegal, since the person cannot fully understand the full responsibility of the actions he carries out.
- If there is a limited capacity, then such a procedure is also called into question. The last reason, which somewhat stands out from the general series, is due to the fact that the person, agreeing to the transaction, could not and for certain reasons was not at all aware of all the consequences of the action being taken.
The reasons do not end there; there are many of them, depending on the specific situation. Within the framework of this article, you and I have examined the main ones cited in judicial practice.
Another case when privatization may turn out to be illegal is due to the fact that the procedure itself was directly violated .
This is manifested in the fact that the papers were drawn up in an invalid manner, incompetent persons were involved, as well as other dangers.
Another case of illegal appropriation of housing is the implementation of actions that simply do not have the right to carry out privatization .
One of the most significant violations is the signing of all available papers by a person who is incompetent in this matter.
Find out from our articles about the rights and obligations of the owner and those prescribed in a privatized apartment, what the owner of privatized meters will have to repair at his own expense, as well as how to refuse to participate in the procedure.
In what cases is it used?
Privatization is the process of re-registration of state or municipal real estate into private ownership. The procedure is standard and clearly regulated, but in practice, during its implementation, unforeseen situations often arise. If the re-registration of ownership was carried out with violations, privatization is considered void. Such a transaction can only be challenged through court.
Privatization may be considered illegal if:
- One of the residents did not receive the share due to him by law. If a citizen at the time of re-registration was registered in a municipal apartment, but when drawing up the agreement on the transfer of housing, his name did not appear anywhere, and no official written, notarized refusal was received, then this is a clear violation of the privatization regulations.
- The citizen took part in privatization again. According to Article 11 of the Federal Law “On Privatization”, this procedure can be carried out free of charge only once in a lifetime. You can re-obtain ownership of municipal housing by paying the full cadastral value for it. Sometimes employers deliberately hide the fact that they previously took part in privatization as adults, which is strictly prohibited, just like providing fake documents to registrars. Legislators have provided for criminal prosecution for this.
- The interests of the minor were not taken into account. According to the law, even if the child is not registered in the apartment together with one of the parents participating in the privatization, he is entitled to a mandatory share in the housing. Sometimes they forget about this or deliberately do not indicate children in the contract at all.
- Citizens were forced into privatization through violence or blackmail. As a rule, such cases occur when re-registration of emergency or dilapidated living space.
- At least one of the participants was declared incompetent at the time of re-registration.
If one or more of the above grounds have been established, persons whose legal rights and interests have been violated can safely begin to challenge privatization in court.
Can the results be challenged?
Unfortunately, the legislation does not have a clearly established normative act that would contain all the grounds for annulment, cancellation or any other way to invalidate the process.
There was no mention of this in other regulatory legal acts. Today we can be content with information about in which cases this action may fit the definition of illegal , as well as the time frame for appealing.
In this matter, it is very important to observe the concept of limitation of actions, which has been in Civil Law for a long time and is very suitable for this issue.
An entire regulatory legal act, called Federal Law No. 1541-1, is devoted to privatization itself.
You can find out whether it is possible to privatize an apartment with debts, a room in a communal apartment, cooperative, military or official housing on our website.
Status
Very often, the status of the property itself does not allow any transactions to be carried out.
This happens when the property has already been privatized earlier, or is in someone else's ownership.
Privatizing status. If it turns out that a person does not have any right to carry out privatization , this action becomes impossible.
Due care must be taken to determine whether there are legal rights to own and use real estate.
Illegal redevelopment . Often, in pursuit of beautiful and modern renovations, citizens carry out redevelopment of real estate that has not yet been privatized.
This action is illegal, because all changes that were made in municipal housing must be negotiated and agreed upon in advance.
You can find out whether it is possible to privatize a dorm room, as well as who has the right to repeat the procedure, on our website.
Is it possible to challenge?
Advantages and disadvantages
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How to stop and is it possible to challenge the privatization of an apartment?
Judicial procedure for challenging
Challenging involves only a judicial procedure for resolving the problem. Unfortunately, other types of permission for such a procedure are not permitted by law.
Before you decide to go to court, you need to carry out preparatory procedures. These include the procedure for determining the specific type of claim that you will file in a specific court.
Here we are talking about the difference between a void transaction and an invalid transaction. From civil law we know that invalid transactions are the result of ignorance of the law, and not of its gross violation.
Once you have decided what type of transaction you need to go to court, you need to draw up a procedural document called a statement of claim. Its preparation must be carried out in accordance with all the norms of the civil procedural code of our country.
Your application must be made using all known rules of general jurisdiction .
Also, do not forget that a certain list of Documents must be attached to it.
All documents must be photocopied and pasted in attachment format.
Do not forget that you pay the state fee .
About 30 days must pass after filing the claim. If the court approves your statement of claim, then next time you will be summoned to court.
It is there that a court hearing will take place to challenge the transfer of real estate into private ownership. Following the court hearing, a decision is made according to which the claim may or may not be satisfied.
Find out on our website also how to determine whether your apartment is privatized, where to start the registration process and whether you can submit documents through the MFC.
Is it possible to restore the missed deadline?
Restoring missed deadlines, just like challenging privatization transactions, is carried out in court. In this case, the interested party must submit a statement of claim or petition according to the established form.
Restoring missed statutes of limitations refers to a special category of cases in which there is no actual dispute between the parties. The process is regulated by Article 112 of the Code of Civil Procedure of the Russian Federation.
It is quite possible to restore the deadlines, but only if there are really compelling reasons. The main reasons for absence, which the court can recognize as valid, are contained in Article 205 of the Civil Code of the Russian Federation.
In practice, deadlines are most often missed due to:
- Long-term illness. The claim must be accompanied by: an extract from the medical record, expert opinions, prescriptions for medications and receipts indicating their purchase. The more evidence, the better.
- Business trip. The fact is proven by presenting an order to move for work to another region or country, financial documents, checks, a certificate of temporary registration at the place of stay, a foreign passport, and so on.
- Staying in places of deprivation of liberty. A copy of the court verdict, certificates from the colonies, and written testimony of witnesses should be attached to the claim.
- Conscript or contract service in the armed forces . As proof, you will need a copy of the order of the Ministry of Internal Affairs, a certificate from the military commissariat.
This is not a complete list of reasons for missing deadlines that can be considered valid. Each specific case is considered by the court on an individual basis, provided that all the applicant’s arguments are supported by documents.
Reasons for reinstating the deadline
Let us give examples of the main valid reasons under which a person can restore the missed statute of limitations.
| Cause | Description |
| Serious illness | A person may know about the fact of privatization and violated rights, but may not be able to file a lawsuit due to health reasons. |
| Business trip/expedition | A person may be far from civilization and at the same time, with the help of communications, know about the fact of privatization, but not be able to protect his rights in any way. |
| Military service or imprisonment | Despite the radical differences between these two options, in the case of violation of rights, they have the same features. Such persons must necessarily participate in privatization. If their rights are violated, it is logical that they can find out about it, but cannot influence it in any way until the end of their term of service or imprisonment. However, after this they can safely file an application to court to restore the statute of limitations. |
The court is usually ready to consider other valid reasons for reinstating the statute of limitations, but it must be remembered that such reasons must be supported by documents.
Application for reinstatement of the limitation period
To restore the statute of limitations, you need to prepare and send the following statement to the court:
Changes in terms and conditions
Changing the conditions may involve either going to court or solving the problem through agreements .
In the first case, you need to draw up a statement of claim and submit it to the district court. In this case, after 30 days you will be summoned to court at a hearing.
After the case is considered, the judge will make a decision in which he will allow you to make changes and conditions, or vice versa.
If we are talking about voluntary changes between municipal authorities and citizens, then in this case there must be a general agreement that does not contradict the law.
If one of the parties decides to change the conditions, it must rely on the law and in no case ask the court or its opponent to take actions that are not legal.
Invalidity when a transaction is made under the influence of misconception, threat, deception or violence
According to the provisions of Law No. 1541-1, the decision to participate in the privatization program must be free and voluntary; any coercion to complete a transaction, as well as influence on the will of residents, is unacceptable. If employers make a decision under the influence of third parties, including when expressing threats or violence, the guilty citizens will be held accountable, and the transaction will be declared invalid.
In the same way, a privatization transaction made under the influence of misconception or deception, including on the part of the other residents of the apartment, will be challenged. Challenging on these grounds is carried out in the courts at the request of authorized bodies or the entity whose rights were violated.
Cancellation
If we are talking about the cancellation or annulment of privatization, then the judicial procedure is also inherent here. It is impossible to undo a procedure that has already occurred on your own . Only the competent authority has the right to do this.
How to cancel? The claim is filed as part of drawing up a statement of claim.
It must meet all the requirements that apply to such situations.
The court considers the statement of claim and if it considers that it is drawn up correctly, factually and in accordance with the law, then it accepts it and sets a date for the hearing.
During the meeting, you meet with your opponents, discuss all the details of the cancellation, and also demonstrate to the court that you are right by providing evidence .
After considering the evidence presented, the court makes a decision in one favor or another. The court decision is mandatory, and bailiffs will monitor this.
Limitation period
According to the general rules and canons of civil law, we know that the statute of limitations for any transactions must be three years .
However, three years begin to flow far from the moment when the transaction was actually made.
This period begins to run from the moment one of the parties becomes aware of a fact that may entail a challenge, change or cancellation of privatization.
It is this period that you should focus on. Therefore, it would be more accurate to say that in matters of housing privatization, the concept of limitation is more nominal than practical and enjoying any popularity among citizens.
Suspension of the privatization process
Until the moment of state registration of property rights has arrived, it is permissible to suspend the privatization process at any stage.
The reasons for the suspension of housing privatization most often include birth
a new child, the appearance of a new citizen in the family who may become a participant in privatization, or marriage. In this case, privatization will be suspended at the will of its participants.
If housing is not registered as municipal property of the city, then privatization may be suspended for reasons independent of the participants.
Also, the privatization process can be stopped due to the decision of state registrars: if the registrar has doubts about the legality of the transaction or the authenticity of the documents provided, or the package of documents turned out to be incomplete.
The deadline for stopping privatization is three months. If the deadlines have expired, an official refusal to register the housing privatization transaction is issued.
Preferential mortgages for large families are a real solution in a number of situations! You will learn how to allocate a share from common shared property in our thematic article. How to take the extract you need from the house register, you will read in our material at the link.
