Privatization is an extremely common legal operation that is used every day by millions of Russian citizens. But there are times when an ordinary person needs to resort to such actions as canceling the privatization of an apartment and terminating contractual terms.
Unfortunately, the procedure has become a new form of deception among scammers. There are many cases where ordinary people were left without an apartment and rights to it. But few people know that all these vital issues can be easily resolved through the courts. It allows you to protect your rights and interests in real estate and challenge privatization. The most important thing is to seek help as soon as possible.
Is it possible to abolish the privatization of apartments?
I would like to note that this procedure can be declared invalid, the main thing is to have good reasons and confirm the entire procedure with documents. An appeal against the privatization of a building is possible under specific conditions. Eg:
- one of the citizens living in the multi-storey building did not participate in the agreement earlier and was not a member of the transaction;
- the privatization agreement did not include a minor who is registered in the current house. The participation of minors in a real estate agreement must be strictly implemented;
- such a pact was signed by a citizen who does not have this right.
Limitation periods
The calculation of the period begins from the time when the interested person became aware of the violation of his rights. The new edition of the Civil Code of the Russian Federation dated September 1, 2013, in Article 181, establishes the limitation period for applying the consequences of invalidity of a transaction at three years.
At the same time, the statute of limitations for the privatization of an apartment for a person who is not a party to the transaction should not exceed 10 years from the beginning of its execution.
If the opposing party does not file a motion to skip the limitation period, the contract can be terminated without taking into account the limitation period. In exceptional cases, the court may recognize the reason for missing the deadline as valid and consider the case after three years.
Illegality of the privatization process
The illegality of the entire process may lie in the following points that are worth paying special attention to:
- The procedure for contracting residential premises using a social tenancy transaction;
- Process of registration through counterfeit securities;
- Recognition of a participant as incapacitated;
- Deception of transaction members;
- Implementation of the agreement using coercive levers.
Any person who considers his privileges to be violated has the right to apply for a court decision, so you should not be afraid of refusal, because the truth is on your side.
The following citizens have the prerogative to privatize property:
- persons who live in this house on social terms. hired and are of legal age;
- minors living in the apartment. To complete this procedure, it is necessary to obtain permission to organize an agreement from all adults, as well as persons from 14 to 18 years of age.
In the event that a minor lives in the premises, the procedure is formalized with confirmation of the approval of the guardianship and trusteeship authorities.
What if the state refuses to carry out the procedure?
Government authorities may refuse to cancel the procedure when housing is located in a dilapidated or unsafe building. You will have to prove the need for a return using a statement of claim to the court. Collect all of the above documents, prepare a rationale for the reasons for action and their proof, and contact the authorities for help.
The refusal may also be due to the fact that a major redevelopment has been carried out in the privatized apartment. This may serve as a basis for refusal and cancellation of deprivatization. In this case, you may not succeed, even with the participation of the court.
Alienation of property through the court is carried out if it is carried out with violations.
The law establishes a three-year period for the possibility of canceling an illegal procedure.
The grounds for cancellation are listed in Article 178 of the Civil Code of the Russian Federation:
- The transaction was carried out due to the misconception of the parties.
- Use of force or threat at the time of signing the contract.
- Identification of the incapacity of persons participating in the procedure.
- The presence of a person registered in the apartment, but who did not take part in the privatization.
- Violation of the rights of minors during privatization.
If these grounds exist, a claim to cancel privatization can be filed by owners, government agencies, guardianship authorities, guardians of minors or incapacitated citizens, guarantors for bank loans, and the prosecutor's office.
The apartment, after the process of invalidating the transaction, is returned to the persons registered in it before the procedure. If during the period of privatization it was sold, the buyers are essentially left with nothing and can only file a claim against the sellers in order to return the money .
When purchasing housing obtained through the privatization procedure, check that the procedure is legal in order to protect yourself from such an outcome.
If the process is declared illegal, the court returns the living space to municipal ownership, concluding a social rental agreement with the residents.
Recognizing an act as invalid does not annul the rights of citizens to free privatization. Unlike voluntary deprivatization, such housing can be privatized in compliance with the laws.
How to terminate an apartment privatization agreement?
Such a housing procedure can only be made illegal through the courts.
When a court decision is made that the contract is invalid, it is canceled. That is, the apartment will be returned back to the state or municipality. But this principle also has its own peculiarity. For example, during this transaction, a citizen who has such a right was not included in the privatization agreement. In this case, if there are suitable requirements in the complaint, the court has the right to pass a verdict on including this person among the parties to the agreement.
Then the apartment will remain in the property of the persons who live in the building, and the shares will be distributed in accordance with the new number of participants. The period for declaring an agreement illegal is no less than three years. If it has expired, you will have to first restore the statute of limitations and then begin the appeal procedure. This means that you have the right to refute this transaction within 3 years after you learned about the dislocation of rights. Do not be afraid of the authorities refusing to help.
There are precedents in judicial practice when the refutation of the pact was carried out many years after the conclusion of the contract.
How to challenge and where to go to sue real estate?
According to the law “On the privatization of state and municipal property”, you can challenge the transaction by declaring it invalid on the following grounds:
- establishing the fact of illegal acquisition of housing;
- execution of a transaction by unauthorized persons.
If an illegal privatization of an apartment (house) has been formalized, it is important to know how to challenge it. First, you need to submit a complete package of documents to the court along with the statement of claim. The court will begin proceedings in the case based on correctly executed documents. After the completion of the trial regarding the apartment transaction, submit documents to the state register.
To begin proceedings in court, it is necessary to collect a package of documents and ensure that the statute of limitations is not violated.
Required documents:
- Statement of claim.
- Certificate of ownership of the apartment.
- Receipt for payment of state duty.
- Evidence of an invalid agreement.
It is necessary to draw up as many claims as there will be defendants in court.
Typically, the process of challenging privatization in court takes no more than six months.
Other publications by our experts may also be useful to you:
- What documents will be needed and how is privatization completed?
- Rules for registering ownership of municipal housing.
- Who can participate in free privatization, and how does it happen and how much does paid privatization cost?
Is it possible to appeal a refusal to privatize an apartment?
Such an agreement may be recognized as inauthentic if the citizen’s formulated will was erroneously formed after an error and because of this the procedure entails other legal consequences for him. What matters is an error that is recognized as significant for the situation of a given citizen. It can only be challenged in the courtroom.
For example, a citizen thought that a privatized house in common ownership with other family members would not infringe on his rights of use, but relationships with other family members had worsened, and a forced exchange of a privatized apartment was unattainable.
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.
How to cancel the privatization of an apartment
If you have a desire or need to cancel the procedure, then there is no particular problem. You always have the laws “On the privatization of housing stock in the Russian Federation” and “On the implementation of the Housing Code of the Russian Federation” on your side. They contain very clear provisions that the owner has the right to dispose of his real estate according to his own decision, if this does not violate Russian laws. Therefore, we can conclude that it is possible to cancel an already completed transaction by writing a proper application to the local government authorities.
Termination of privatization through court
Is it possible to cancel the privatization of an apartment through the court? Yes, this is possible and is not as difficult as it might seem at first glance. It is imperative to submit a claim to declare this transaction illegal. In the declaration you need to indicate on the basis of what facts you are calculating the transaction as having expired outside the law, and add the relevant documents. It is important to comply with the statute of limitations for filing an application.
For greater confidence in your abilities and a positive court decision, you can resort to the help of a legal entity. He can easily defend your interests, based on legal norms that you didn’t even know existed. When the court compensates your claims and wishes, a mark is placed on the liquidation of the property rights to housing from the registering authorities. At the same time, a seizure is placed on the residential premises so that attackers have no chance of realizing it. This process will take no more than six months.
Reasons for refusal
The state does not always approve of the refusal to privatize. Its reasons may be the following:
- Among the owners there is a minor .
- If utilities not been paid in full at the time of application .
- When among the owners at least one person refused to agree to refuse privatization.
- If there is an encumbrance on real estate. For example, when an apartment is used as bank collateral when obtaining a loan.
- When at least one of the owners owns another property or its share.
- The procedure is carried out only if the right to property for all owners has been obtained through privatization (this also applies to official housing). If at least one of them received the property upon purchase, as an inheritance or in another similar way, deprivatization will not be carried out.
- Sometimes residents carry out redevelopment . official permission has not been received for it , then such an apartment cannot be deprivatized.
- When occupied by new registered persons who have not previously participated in the privatization of this apartment.
Reference! If the refusal was unlawful, the citizen can defend his rights in court.
In order to be able to cancel the privatization of an apartment by court , you need to perform the following actions :
- File a legal claim.
- Prepare those documents that confirm the position of the plaintiff.
- Contact a court of general jurisdiction.
- After receiving the summons, you must attend court hearings and participate in the proceedings.
- Receive a written court decision.
- If it was not positive, an appeal is carried out.
- A decision confirming the plaintiff’s position is the basis for the deprivatization procedure. You need to write an application for the procedure based on the received document and submit it to the municipal authorities.
Based on a court decision, local authorities are obliged to make a positive decision to cancel the previously carried out privatization.
The statement of claim is written as follows:
- It is necessary to indicate to which judicial authority the appeal is being made.
- The plaintiff writes his last name, first name, patronymic, and registration address. You must provide a contact phone number where you can contact him.
- The respondent's details are required. Usually we are talking about the municipal authority that made the decision to refuse.
- Write the title of the document.
- The main part of the document begins with a story about the grounds for privatization, the date of its implementation, and the persons who participated.
- It is necessary to describe in detail the violations committed by the government agency and provide the grounds for a judicial resolution of the issue.
- Claims are formulated and must be properly substantiated.
- A list of those persons who are recommended to be invited to the court hearing is indicated.
- A list of documents attached to substantiate the claim is provided.
The date of preparation of the document, as well as the signature must be indicated .
Is it possible to cancel the privatization of an apartment if I have written a refusal?
One of the options for refusal without participation in the trial is the unanimity of all owners, certified in writing. If there is no unanimity, then reversal is the advantage of the court. It is always possible to cancel a dysfunctional pact, but only if such a procedure was carried out illegally for some reason. If there are few people registered in the apartment (this number also includes minor children), then it is necessary to register the building as personal property, only in equal shares according to the number of all people.
There are cases when they want to privatize an apartment for just one owner (owner). In such a situation, you need to obtain permission to deviate from your share from all citizens living at the registration address. Quite often, it is precisely this point that is ignored by citizens, which leads to further forgery of consent, or it is obtained in a completely dishonest way, contrary to all the canons of Russian legislation. If such facts are proven, then they can easily become the basis for cassation of the act of living in a given dwelling. Sometimes it is possible to carry out incomplete deprivatization of housing. This is done when parts of the object were distributed inaccurately among the participants. Then the cancellation of the pact or its challenge will be carried out through the court with the following process of re-negotiation, but according to all the rules.
Is the right of residence permanent?
Under current law, a tenant may lose their right to occupancy. For example, if a citizen uses the living space of a relative with whom he has lost family ties. This applies to ex-spouses.
This is important to know: Reasons for refusal to privatize an apartment
For example, if a wife divorces her husband, and at the same time she is the sole owner of the property, he must leave the premises. When he does not do this voluntarily, the spouse has the right to go to court.
In addition, you can evict a tenant from a municipal apartment who has not shown interest in the property for a long time. Eviction takes place in court, where all circumstances will be considered.
However, these rules apply only indirectly to the situation under consideration. Regulatory legal acts establish that a person who refuses privatization has the right to lifelong residence in an apartment.
This interpretation should be taken literally. In other words, a tenant who refuses privatization can use the apartment until he dies.
It is important to understand that the right of lifelong residence is not inherited. If the parents lived in the apartment on the basis of an indefinite right of use, the children will not be able to use it.
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Until a person is deregistered, no one can evict him. This point significantly complicates the process of selling an apartment. Buyers rarely agree to purchase real estate with such an encumbrance, since after the transfer of ownership the “eternal tenant” will not lose the right of lifelong residence.
When will privatization be cancelled?
The State Duma is currently reviewing a bill that would cancel the previously introduced deadlines for the completion of gratuitous registration of private property. According to the creators of this project, many citizens currently live in dilapidated housing and therefore cannot currently privatize their housing. If they are placed after the first of March next year, they will have to pay for the procedure.
If you are going to deprivatize your property, then you need to remember that you can use the right to free exchange of housing only once. Therefore, if you change your mind and want to re-register a privatized house, then you need to pay for it, otherwise you will have to get a deviation from the state.
Conclusion
Refusal to privatize housing is a serious decision that should be considered and weighed .
It is almost impossible to restore ownership of a share, and it is difficult to prove the illegality of the transaction. The “refuser” can live in the apartment indefinitely, but cannot dispose of “other people’s” property, has no say in the sale, and will not receive even part of the money if the residents decide to sell the apartment. Previous article: How to privatize a garage? Next article: Marriage agreement for a Sberbank mortgage: drawn up according to the sample
