Refusal of privatization in favor of another person

Last modified: January 2021

Thanks to privatization, many apartments became the private property of citizens registered in the living space at the time of registration. Each of the registered residents has the right to participate in certain events and receive their share of the property. When one of the residents does not agree, a refusal to privatize must be issued.

Since a person has the right to participate in privatization only once, a lot of questions arise about what will happen to the property in which the person is registered, and what features arise in the re-registration procedure if someone refuses to accept the property.

Is it possible to refuse privatization in favor of another person?

Since the legislative act stipulates that all citizens permanently residing and registered in a municipal apartment must necessarily participate in the procedure for turning over ownership of residential premises, in order to refuse this, a person must document his reluctance and have it certified by a notary.

Do not confuse two similar concepts such as “refusal of privatization” and “refusal to participate in the privatization procedure.” In legal theory, these concepts are very different. So, the first concept means a person’s reluctance to turn into ownership (even a shared one) of an apartment. In this case, privatization by other residents is impossible. The only way is to go to court and discharge the person from the premises. After deregistration, a person automatically loses the right to privatize this living space. However, this is quite difficult to do; we talked in more detail about the procedure for eviction through court in this article.

Example. Citizen Nikolaev S.V. a social tenancy agreement was concluded for a two-room apartment. After marriage to Lorina P.D. he registered her as a family member in his living space. In 2015, the couple divorced, Lorina moved to her mother’s apartment, but did not want to be deregistered. She knew about her ex-husband’s intention to privatize the apartment and wanted to get a share in the property. Nikolaev turned to a lawyer for advice. He helped draw up a statement of claim to recognize the ex-wife as having lost the right to use the apartment, represented the interests of his principal in court and received a decision to deregister. With the court ruling, Nikolaev turned to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and discharged Lorina from the apartment, thereby depriving her of the right to participate in privatization.

The concept of “refusal to participate in privatization” means the voluntary rejection of the due share in the apartment. The renunciant's share is usually divided among all other occupants of the property, but in some cases it may be transferred to a specific person.

General provisions

Currently, the issue related to the acquisition of one's own residential premises is problematic. Therefore, when people have the opportunity to privatize housing, they take advantage of it. It often happens that conflict situations arise on this issue between persons who are related. This is due to the fact that a privatized apartment is usually divided between relatives. For this reason, loved ones often become enemies.

According to the laws in force in our country, the right to use real estate that has a residential purpose may be for life. This means that as long as a person is alive, he will have rights in relation to the premises. Moreover, even in a situation where there is a change of owner, such a person cannot be deprived of registration or kicked out of the apartment.

Reasons for refusing privatization

Usually people refuse to participate in privatization due to the following reasons:

reluctance to pay annual property taxes;
inability to carry out major repairs and maintain housing in proper condition at one’s own expense;
fears of illegal actions being carried out in relation to privatized housing; usually municipal apartments do not attract scammers;
the desire to get a larger apartment in the future and privatize it;
the possibility of receiving compensation payments in case of housing destruction (owners of privatized apartments can only count on insurance payments);
the opportunity to simplify the procedure for privatization or further disposal of property between family members (for example, a husband refuses privatization in favor of his wife or children).

general information

The privatization process is regulated by a number of federal acts (Law “On Privatization” No. 1541-1, 07/04/1991, Housing, Civil Codes of the Russian Federation, Law “On State Registration of Real Estate”, 07/13/2015 N 218-FZ), as well as local administrative regulations.

Important ! The key regulatory document is the local Administrative Regulations for privatization. It contains comprehensive requirements for how a refusal to privatize is formalized. You can view the current text on the municipality’s website or at the administration stands.

The reasons for refusal to privatize an apartment can be completely different, for example:

reluctance to spend time or money on paperwork;
reluctance to register as the owner of this particular apartment (if we are talking about dilapidated, emergency housing);
privatization of another living space earlier;
unwillingness to bear the burden of maintaining this apartment subsequently (pay taxes).

How to refuse privatization in favor of another person

Refusal of privatization is a prerequisite for carrying out this procedure without the participation of one of the people entitled to it. Along with a documentary refusal, a certificate of non-participation in privatization will also be required. You will learn where and how to get it from this article. Next, we will consider in detail how to document the refusal of privatization.

Procedure

Since formalizing a refusal to participate in privatization is one of the mandatory conditions for this procedure, it is necessary to follow a certain procedure, namely:

Decision-making. It must be voluntary and conscious; to ensure its correctness, it is better to consult with a lawyer before starting the paperwork. After drawing up the refusal and completing the privatization procedure, it will no longer be possible to change the decision and register the share in the apartment as property.
Contacting a notary. A person who refuses privatization personally contacts a specialist. There, an application is drawn up, signed by the applicant and certified by a notary.
Transfer of refusal to the municipality . This can be done either independently (in person or by mail) or transferred through other privatization participants. Without a notarized refusal, the privatization procedure is impossible.

Further, free access to the property of housing will already occur without the participation of the person who refused.

Required documents

When contacting a notary to draw up a refusal to participate in the transfer of ownership of state or municipal residential property, you must provide the following documents:

general civil passport of the person refusing;
an extract from the house register (apartment card) confirming registration in the privatized apartment;
a certificate of non-participation in privatization (the notary may or may not need it);
statement of refusal (you can draw it up yourself, or you can ask a notary about it).

Other documents are usually not required, but before visiting the notary’s office it is better to call and clarify whether these documents are sufficient.

Statement

There is no unified form for this kind of document, that is, it is drawn up in any form, but it must contain the following information:

personal data of the person applying for the preparation and certification of the refusal;
place of registration (address of the privatized apartment);
the fact of refusal itself, as well as the full name of the person in whose favor it is made;
a note that the legal consequences are explained and understandable to the applicant;
signature of the applicant and date of preparation of the document;
certifying signature of the notary, an imprint of his personal seal, as well as the date of confirmation.

Timing and cost

Registration of a notarial refusal will not take you more than an hour, but it is best to call the notary chamber in advance and make an appointment for a specific date and time.

The cost of a notary's services depends on the region where he is located, so it is difficult to name the exact amount you will have to pay for a certificate of refusal. Usually it ranges from 1000 to 3000 rubles.

The nuances of refusing privatization in favor of others

When making a refusal in favor of other persons, it is necessary to know some of the features of the procedure and aspects of the current legislation. Next, we will analyze the most problematic situations

In favor of an adult

Typically, privatization is carried out in equal shares in relation to all persons entitled to it. However, when drawing up an agreement, the parties to the transaction themselves can determine who will get what part. This is specified in the contract.

Since the person who refused to receive free ownership of a share of the apartment does not participate in the procedure itself, he actually cannot influence the distribution of shares. It is also worth considering that government agencies are very jealous of the rights of minors, so they often refuse to transfer the share of those who refused to adults if the share of housing for minors is significantly reduced.

If children are registered in the apartment, and you still want to transfer your share to an adult, then you can turn your share into property in the general manner, and then simply register a deed of gift. But in this case, you will no longer have the right to privatization.

In favor of a minor child

In this case, usually, no difficulties arise. If other participants in the transaction are against the uneven distribution of shares, then they can be influenced with the help of the guardianship authorities or the prosecutor's office.

Example. The Latyshevs lived in a municipal apartment. After the birth of the child, they decided to privatize the apartment and decided to completely transfer it to the ownership of their newborn son. They turned to a notary and both drew up a waiver of privatization. Then we provided them and all other necessary documents to the local administration. So the apartment became the property of their son, and they guaranteed themselves to live in it for the rest of their lives.

Refusal of a minor

Since minors actually participate in privatization, they can refuse their share. More precisely, not them, but their legal representatives. However, such cases are extremely rare, because permission from the guardianship authorities will also be required. They will need to provide comprehensive evidence that the child’s rights will not be violated. To make a decision, you need to provide the following documents to the social service:

child's birth certificate;
passports of legal representatives (if they are guardians, then a document confirming the establishment of guardianship);
an extract from the house register at the child’s registration address;
documents confirming the validity of the refusal.

The application is considered within 10 days, after which a decision is made. If it is positive, then there is no need to have it certified by a notary - you can immediately submit it to the municipality.

Consequences of failure

Before deciding to draw up a refusal, it is necessary to clearly understand all the legal consequences that follow it. So:

A person who refuses loses the right to claim a share in the apartment or part of it; it will not be possible to reverse privatization. However, if one of the owners decides to voluntarily donate or sell their part of the apartment, then this is possible.
It is impossible to register anyone in an apartment without the consent of the owners.
A person who does not wish to participate in privatization has the right to live in an apartment for life. Even if the owners changed after privatization (the housing was sold, inherited, etc.).
Receive use of another municipal apartment on the grounds provided for by the Law.
Privatize other housing at your discretion.

What does the right to use premises mean?

Although the right of use does not mean ownership and disposal of housing, it is inextricably linked with private property.
During the residence process, conflicts and controversial issues related to gaining access to common territory and amenities are not excluded. If coexistence brings serious discomfort, the owner may want to terminate the right to use the apartment, which legally belongs to him. However, ordinary eviction on the initiative of the owner is impossible if there are no grounds for parting with an inconvenient tenant who is exercising his powers.

The right of use is a rule of law that gives a person the opportunity to live and use property that does not belong to him, having legal grounds for doing so. Residents can decide to live in an apartment owned by another owner without receiving the right to sell, donate or otherwise dispose of square meters.

Depending on the circumstances of gaining access to someone else’s real estate, there are several options for the basis on which the non-owner resolves the housing issue.