Statement of claim for privatization of an apartment in court: a sample, how to correctly draw up a document to recognize ownership of a residential premises?

One of the grounds for the emergence of ownership of real estate is their privatization, therefore, in the event of disputes, the interested party files a claim in court for the privatization of the apartment.

Privatization is the transfer of state or municipal property into the ownership of citizens or organizations. The peculiarity of this procedure is that the emergence of property rights in such cases is regulated, first of all, by special laws. And only then the norms of the Civil Code of the Russian Federation. The Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property”, the Law of the Russian Federation of July 4, 1991 No. 1541-I “On the privatization of housing stock in the Russian Federation” is subject to application.

In order to independently prepare a claim, prepare for participation in the case, it is interesting to study the resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 No. 8 “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation.”

When and why is a claim needed?

Privatization must comply with the norms of the Civil, Housing Legislation and the Law on Privatization No. 1541-1 of July 4, 1991. If the established norms are violated, their restoration is permissible in court. However, a claim is not always initiated, but only in the case where the claimant has taken measures to resolve the issue pre-trial, but the guilty person refused to legally resolve the issue.

A claim is filed if it is necessary to restore the rights of participants in the following cases:

One of the family members, who has the right to register a share, did not give consent and did not draw up a refusal. Or – unknown missing.
Claimants for a share in the premises include third parties with whom the responsible tenant has entered into a dispute.
When the residential premises are not part of the municipal or federal housing stock.
The privatization department of the locality administration, for unreasonable reasons, delays the procedure or is otherwise negligent in its handling.

In all of the above and other similar situations, a claim is needed:

to restore the violated rights of the plaintiff;
to make a decision on recognition of property rights in court;
to establish standards for its implementation;
to determine the number of participants.

REFERENCE : The claim is filed in accordance with the provisions of Article 28 of the Code of Civil Procedure of the Russian Federation - to the district court at the location of the residential premises.

Gratuitous transfer, or what is privatization

This legal term refers to the provision of state and municipal property into the ownership of citizens.

In this way, you can obtain ownership of not only residential space, but also commercial or industrial facilities.

Only citizens can privatize housing. The legislation simply does not allow legal entities to exercise this right.

In order to carry out the process of free registration of ownership of an apartment, several conditions must be met.

These include:

Availability of the necessary legislative framework up to date. After all, important changes are made to legal acts almost every year.
Presence of rights to privatization . If we talk about apartments and other residential space, then all citizens registered in it have the right to register their share.
Composition of required documents . Before submitting an application, you should collect the entire list established by the administrative regulations of municipalities.

If we talk about residential real estate, it can only be privatized once.

Let's explain this with an example. Let’s say a person has entered into a social rental agreement with the municipal authorities regarding an apartment. It provides grounds for registering ownership of both the entire housing and part of it.

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Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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If, after privatization, a citizen is then registered in another municipal apartment, then it is no longer possible to register another object as property. The legislation makes an exception only for children after they reach the age of majority.

Features of compilation

In order for this document to be legally binding and solve the task at hand, it is advisable to contact a lawyer who has the appropriate competencies and experience in drawing up statements of claim. If the applicant is confident in his abilities, he can draw up the document himself, using a ready-made sample that can be obtained:

on the official website of the district court;
on a stand in the premises of the district court.

This document can be printed with a handwritten signature and a transcript of the surname. Or it can be written by hand, necessarily personally by the plaintiff, on an A4 sheet in blue or purple ink.

The statement of claim is drawn up after the administrative body has given an official refusal in the form of an extract from the protocol of the administrative commission. When drawing up the claim, information about the reasons for the refusal is included , as well as an indication of their illegality or other reasons for the legal capacity to carry out privatization, which were ignored by the municipality.

ATTENTION : You must submit an application to the court within 10 days after receiving the refusal of the administrative commission, issued in the form of a reasoned extract.

conclusions

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

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

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

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

Contents of the document

The form of the application must comply with the standards established in Article 131 of the Code of Civil Procedure of the Russian Federation. Accordingly, the structure consists of:

from the "cap";
title of the document;
main part;
pleading part;
dates, signatures and list of attachments.

Let's look at it in more detail:

In the “header”, which is located in the upper right corner, you need to indicate:
information about the plaintiff and defendant.
After this, the name “Statement of Claim for the privatization of the apartment” is given.
Below is the main text. It is a statement of the circumstances of the case with reference to the documentation attached to the application. This should contain:
The circumstances under which the tenant purchased the apartment for use, with a mandatory indication that it belongs to the federal or municipal housing stock.
If the apartment does not belong to the designated fund, indicate the reasons why the claim for registration of housing ownership arises.
The circumstances of the case for which the authorized body refused privatization are listed, with reference to the reasoned refusal received.
The reasons why the claimant considers his rights to be violated - with a reasoned explanation and reference to sources of legislation.
The petition part indicates a request to the court to recognize the claim and for the court to make a decision on the privatization of the apartment.
The documentation attached to the statement of claim is given in a list after affixing the date and signature. The statement refers to it as “Appendices.” The attachments consist of copies confirming the validity of the claim, and are given according to the number of defendants. The originals are presented at the court hearing.

Answers to frequently asked questions

Question #1 : Hello! I applied for privatization of a private house with an adjacent land plot, but for some reason the privatization document indicated a three-room apartment, so I cannot register the land plot as my own. What to do in this situation?

Answer: The name “three-room apartment” indicated in the privatization document is not a basis for refusal, so contact the local government with a written application to provide you with a reasoned refusal. Once you receive it, you can go to court.

Question No. 2 : Good afternoon! I would like to privatize the apartment in which I live on the basis of a warrant, but Rosreestr responded that this housing is not listed on the district’s balance sheet. This may be due to the fact that the residential building is located on the territory of a former military camp. What can I do in this situation?

Answer: First, you need to find the previous owner: make inquiries to the Federal Property Management Agency and the Ministry of Defense of the Russian Federation. The owner must also be indicated in the order. If the owner is a liquidated organization, and the housing has not been transferred to the district, go to court.

What do you need to include?

Documents attached to the statement of claim must be submitted in accordance with the provisions of Article 132 of the Code of Civil Procedure of the Russian Federation. They consist of the following:

social rental agreement;
statement with refusal;
a certificate stating that the apartment is municipal;
a certificate stating that the privatization right has not been used previously;
passports and birth certificates of the employer's family members;
privatization applications (refusals) from family members of the employer;
technical certificate;
a certificate from the BTI about permission for redevelopment (if it was carried out);
a copy of the personal account from the housing department;
extract from the apartment register;
receipt of payment of state duty in the amount of 300 rubles.

Documentation received at the housing department must be valid for less than one calendar month. A reasoned refusal by the administrative commission is no more than 10 days.

Reasons for judicial refusal. Arbitrage practice

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

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

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

How does the case proceed in court?

After receiving the statement of claim and the attached package of documentation, the materials are studied no more than five days and accepted for production. Or - the claim is rejected. If proceedings have been initiated to consider the dispute, then the defendant is summoned to court and familiarized with the case materials. He has the right:

attend the court hearing in person, giving explanations on the merits of the issue;
transfer powers to your representative;
file a counterclaim.

The parties to the dispute engage in controversy. The court hearing is aimed at the most complete vision of the problem in the light of civil, housing legislation and other sources. Having studied the presented circumstances of the case, the court makes a decision. A positive decision depends on the following:

the legitimacy of the claim to the right of privatization;
correctness of the statement of claim;
selection of a sequential algorithm for filing a claim;
legal evidence base for the claim;
proper condition of the attached documentation.

After a positive decision by the court on the admissibility of privatization, interested parties receive an extract from the court decision . On its basis, the privatization department of the local executive committee is obliged to begin the procedure for the alienation of municipal property to the tenant.

Bottom line: how to file a claim for privatization of an apartment

The possibility of transferring the housing stock into private ownership is enshrined in Russian legislation. If such a right is unreasonably denied by authorized local authorities, you can file a claim in court.

To consider the case on its merits and obtain a positive decision, you need to collect a complete package of documents: a correctly and competently drawn up application, copies of all documents for the apartment, certificates and certificates confirming the legitimacy of the requirements.

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Deadlines

According to the regulations, the dispute is considered within two months from the date of filing and registration of the application. Except for cases when it is necessary to postpone the meeting for reasons related to the requirement of additional explanations and evidence from interested parties. After the decision is made, an extract is prepared within three days, in which the court decision is presented.

REFERENCE: After 10 days, the decision taken comes into legal force and the defendant is obliged to accept the privatization application for processing.

The apartment is located in a departmental housing stock

To privatize departmental housing stock, it is necessary to obtain the consent of the owner of this apartment - the organization that provided this official housing. Without it, privatization will be refused, but the owner’s decision can be challenged in court if the following grounds exist:

the status of the premises as official is not registered;
the enterprise has a system of rewarding employees who have worked for more than 10 years or for other reasons, in the form of transfer of the right to housing - according to the norms of the Civil Code of the Russian Federation, this can be recognized as a promise of donation if this clause is properly executed (in writing, Article 572 of the Civil Code of the Russian Federation);
social rental agreement with the municipality for this apartment.

Refusal to accept

Such a refusal can only be due to the fact that the fact of transferring the housing into the ownership of the applicant turns out to be illegal . For example, based on:

the plaintiff does not have the right to privatization;
he has already used this benefit;
the procedure will violate the rights of third parties;
the documentation package does not reflect the legal capacity of the claim;
housing does not meet privatization standards;
Unauthorized redevelopment has been carried out in the apartment.

The listed and similar provisions will cause non-recognition of claims. If the court refused unlawfully, then it is permissible to file an appeal and challenge the decision to refuse in the regional court. You can file an appeal within ten days after receiving the refusal statement.

A statement of claim is filed if the municipality has violated the property rights of the tenant who claims to re-register the property as his own. It is drawn up in the prescribed form with the obligatory attachment of a package of documentation on the merits of the dispute.

Based on a positive court decision, the procedure will resume in favor of the plaintiff. The refusal can be appealed within 10 days after the decision is made.

Real estate objects that are not subject to the right to privatization

Based on the above, it can be seen that not every housing can be privatized. The most common reason for denial of property rights is the incorrect status of the living space.

What could be wrong with real estate whose privatization is refused? First of all, this is recognition of its emergency. It is also impossible to obtain the right to own housing that is under the authority of the municipality of closed military camps, nursing homes, boarding schools, etc. The same real estate objects include service apartments and dormitories. The latter, by the way, can change their status to an apartment or rental house, which will still allow them to obtain ownership rights.

Reasons for appeal

From the experience of judicial practice, mainly tenants of apartments who have been refused privatization of real estate file claims. Such conflict situations are regulated by the Housing and Civil Codes.

Privatization through the court is necessary under the following conditions:

challenging the legal status of real estate (for example, transferring an apartment from a service apartment);
lack of information about the apartment in the Rosreestr branch;
reluctance of other registered residents to participate in the real estate privatization procedure;
insufficiently justified or completely unfounded refusal of municipal authorities.

Dorm rooms

Dormitories and rooms in them cannot be privatized by law, but there are some nuances to this issue. If the plaintiff moved into the hostel before March 1, 2004, then privatization is possible subject to certain circumstances:

Is it the property of municipal authorities;
Does the housing have dormitory status at the time of application?

It can be noted that in most cases, many hostels are not provided as city property, but are still listed on its balance sheet. Privatization can be issued for such housing, since there is a rental agreement. However, even in the absence of a social contract. rental, the hostel can be privatized if it belongs to the housing stock.

Official website of the Supreme Court of the Russian Federation

On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”

(as amended by resolutions of the Plenum dated December 21, 1993 No. 11 and dated October 25, 1996 No. 10, with amendments and additions made by resolutions of the Plenum dated February 6, 2007 No. 6 and July 2, 2009 No. 14)

Considering that when applying the Law of the Russian Federation of July 4, 1991 “On the privatization of housing stock in the Russian Federation” (as amended by the Law of the Russian Federation of December 23, 1992 No. 4199-1, Federal Laws of August 11, 1994 No. 26-FZ, dated March 28, 1998 No. 50-FZ, dated May 1, 1999 No. 88-FZ, dated May 15, 2001 No. 54-FZ, dated May 20, 2002 No. 55-FZ, dated 26 November 2002 No. 153-FZ, dated June 29, 2004 No. 58-FZ, dated August 22, 2004 No. 122-FZ and dated December 29, 2004 No. 189-FZ) the courts had questions requiring resolution, The Plenum of the Supreme Court of the Russian Federation decides to give the following clarifications to the courts:

1. In accordance with Article 22 of the Code of Civil Procedure of the Russian Federation and Part 3 of Article 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” the courts have jurisdiction over cases arising in connection with the implementation and protection of the rights of citizens during the privatization of residential premises occupied by them (in including reserved ones) in the state and municipal housing stock, including departmental housing stock (housing stock under the full economic control of enterprises or the operational management of institutions).

2. Considering that in connection with the refusal to privatize the residential premises occupied by a citizen between him and the local administration, the enterprise to which he is assigned with the right of full economic management, or the institution to whose operational management the housing stock is transferred, a dispute arises about civil law, he resolved by the court according to the rules of claim proceedings.

Since in this case the subject of the dispute is property that is not subject to assessment when it is transferred into the ownership of citizens through free privatization, the state duty when filing such applications should be charged in the amount provided for in subparagraph 3 of paragraph 1 of Art. 33319 of the Tax Code of the Russian Federation for claims not subject to assessment.

Claims by persons applying for privatized residential premises on the grounds that this premises belonged to the testator, including in cases where privatization was not properly formalized during the life of the testator, are paid with a state fee based on the actual value of the premises about which the dispute arose, determined at the time of filing the claim (subparagraph 1 of paragraph 1 of Article 33319 of the said Code).

3. In accordance with Article 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” only citizens occupying residential premises under a social tenancy agreement in the state and municipal housing stock, including departmental housing stock sold on conditions provided for by the said Law, other regulatory acts of the Russian Federation and constituent entities of the Russian Federation.” However, if the procedure for the privatization of housing established by other acts contradicts the above Law, including if it was adopted in excess of the powers of the bodies that issued such an act, it is necessary to be guided by the provisions of this Law.

4. When deciding the legality of refusal to privatize residential premises located in the departmental housing stock, it is necessary to take into account that in accordance with Article 18 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” (as amended by the Law of the Russian Federation of December 23, 1992 d.) the transition of state and municipal enterprises to another form of ownership or their liquidation does not affect the housing rights of citizens living in the houses of such enterprises and institutions, including the right to free privatization of housing.

A citizen cannot be denied privatization of residential premises in the houses of these enterprises and institutions even if a change in the form of ownership or liquidation of enterprises and institutions took place before the entry into force of Article 18 of the said Law (as amended by the Law of December 23, 1992). , since the legislation in force until that time, regulating the conditions and procedure for changing the form of ownership of state and municipal enterprises and institutions, did not concern the issues of privatization of their housing stock, and the legislation regulating the privatization of the housing stock did not establish conditions that would deprive a citizen of the right in these cases to obtain ownership of the occupied residential premises. This provision should not apply if the legal successors who changed the form of ownership of state and municipal enterprises and institutions at their own expense built or purchased an uninhabited residential premises, which subsequently became the subject of a privatization dispute, including after the entry into force of Article 18 of the Law of the Russian Federation “ On the privatization of housing stock in the Russian Federation" (as amended by the Law of December 23, 1992).

5. Citizens’ demands for the free transfer of residential premises into the common ownership of all persons living in it or into the ownership of one or some of them (in accordance with an agreement reached between these persons) are subject to satisfaction regardless of the will of the persons who are charged by law with the obligation to transfer housing into the ownership of citizens, since Article 2 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” gave citizens occupying residential premises in houses of the state and municipal housing stock under a social tenancy agreement the right, with the consent of all living adult family members and those living with by minors aged 14 to 18 years, purchase these premises into common ownership (shared or joint). At the same time, citizens who have expressed their consent to the acquisition of occupied premises by other persons living with them retain the right to free acquisition of ownership in the manner of privatization of another subsequently acquired residential premises, since in this case the opportunity granted to these persons by Article 11 of the said Law to privatize freely occupied residential premises the premises were not sold only once when giving consent to the privatization of housing by other persons.

6. If a dispute arises regarding the legality of an agreement for the transfer of residential premises, including the ownership of one of its users, this agreement, as well as the certificate of ownership at the request of interested parties, may be declared invalid by the court on the grounds established by civil law for declaring the transaction invalid.

7. Since minors living together with the tenant and being members of his family or former family members, according to Article 69 of the Housing Code of the Russian Federation, have equal rights arising from the rental agreement, in the event of free privatization of the occupied premises, they, on an equal basis with adult users, have the right to become participants common ownership of this premises.

Considering that in accordance with Articles 28, 37 of the Civil Code of the Russian Federation, the guardian does not have the right, without the prior permission of the guardianship and trusteeship authorities, to carry out certain transactions, including those entailing the renunciation of the rights belonging to the ward, and the trustee to give consent to such transactions, refusal participation in privatization can be carried out by parents and adoptive parents of minors, as well as their guardians and trustees only with permission from the above authorities.

8. Based on the meaning of the preamble and Articles 1 and 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” citizens cannot be denied privatization of the residential premises they occupy on the terms provided for by this Law if they have made such a demand .

It is necessary to take into account that compliance with the procedure for registering the transfer of housing established by Articles 7 and 8 of the said Law is mandatory both for citizens and for officials who are entrusted with the responsibility for transferring residential premises in the state and municipal housing stock into the ownership of citizens ( in particular, the issue of privatization must be resolved within two months, an agreement for the transfer of housing into ownership must be concluded, the ownership right is subject to state registration in the Unified State Register of Rights to Real Estate and transactions with it by justice institutions, from the time of which the citizen’s right of ownership arises for residential premises).

However, if the citizen who submitted the application for privatization and the necessary documents for this died before the execution of the contract for the transfer of residential premises into ownership or before the state registration of property rights, then in the event of a dispute regarding the inclusion of this residential premises or part of it in the inheritance estate, it is necessary to keep in mind that this circumstance in itself cannot serve as a basis for refusing to satisfy the heir’s claim if the testator, having expressed his will during his lifetime to privatize the occupied residential premises, did not withdraw his application, since for reasons beyond his control he was deprived of the opportunity comply with all the rules for processing documents for privatization, which he could not be denied.

9. Citizens who have become owners of privatized residential premises have the right to own, use and dispose of it at their own discretion, without violating the rights and legally protected interests of other persons (Article 30 of the Housing Code of the Russian Federation and Article 209 of the Civil Code of the Russian Federation).

10. The sale by one of the participants in the common shared ownership of a privatized apartment of his share to an outsider is possible only if the remaining co-owners refuse to exercise the right of first refusal or do not exercise this right within the period provided for in Article 250 of the Civil Code of the Russian Federation.

11. According to Articles 246, 253 of the Civil Code of the Russian Federation, exchange (exchange) of residential premises transferred through privatization into the common ownership of citizens is possible only with the consent of all participants in the common property.

12. The allocation to a participant of common ownership of a privatized residential premises, which is a separate apartment, of a share belonging to him is permissible if it is technically possible to transfer to the plaintiff an isolated part of not only residential premises, but also utility rooms (kitchen, corridor, bathroom, etc.), separate equipment entrance. In the absence of such a possibility, the court has the right, at the request of the plaintiff, to determine the procedure for using the apartment.

13. RECOGNIZED AS LOSS OF VALIDITY (by resolution of the Plenum of July 2, 2009 No. 14)

When is judicial privatization necessary?

Nowadays, the cost of an apartment, especially in big cities, is exorbitant.

And the only chance for many to own an apartment is privatization.

But to carry out such a procedure, the consent of all residents .

In addition to signing documents, tenants are required to appear in person to submit documents . Read about what package of documents is required for privatization here.

It is not always possible to comply with all the conditions; sometimes a person cannot or does not want to participate in the process. In this case, the only way out is to go to court .

But the reason is not always the disagreement of residents. Difficulties may also arise with government officials who deny the right to obtain rights to real estate. And it is not possible to solve the current situation by providing additional documents.

As for service apartments provided to the military, the only way to obtain ownership of housing is to contact a higher authority . It will not be possible to prove the right to living space in any other manner.

Thus, only in cases where it is not possible to resolve the issue of privatization in the usual manner through local authorities should you go to court.

When appeal doesn't make sense

Filing a claim in court will not bring a positive result if the basis for refusing privatization from municipal self-government bodies was errors made in the documents and moments of inconsistency with reality, as well as a lack of necessary materials.

Therefore, before going to court, pay attention to correcting all the shortcomings and re-submit the application for permission to privatize.

When it is not possible to obtain any of the documents, the court will not help with this either, because the list of necessary papers for filing a claim is the same, which means that if any of them are missing, you will receive a refusal from the court in the claim requirement.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

In addition, there are several categories of residential real estate that are not subject to transfer into private hands in accordance with the privatization legislation, even through the courts.

These categories include the following types of housing:

official housing or located in the department of military or other organizations;
rooms in service dormitories.

In order for the privatization of these categories of housing to become possible, an enterprise or military department must make a decision to transfer the apartment to the balance of local governments. Otherwise, the court does not recognize the right to privatization.

A residential property recognized as unsafe.

The court has no right to change the status of an emergency residential property. At the same time, obtaining such an object into private ownership is also unprofitable for the citizen himself, since after its demolition he can count on housing with an area in accordance with accepted standards. If the demolished living space is privately owned, the citizen receives compensation only in the amount of market value, which is not enough to purchase a full-fledged home.

Social housing included in the housing funds of local governments cannot be transferred to private hands.