Refusal of privatization in favor of another person

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.

Children's rights

The situation becomes more complicated when the person wishing to waive the right to privatization has children under 18 years of age. This number includes children who are adopted and taken into custody.

Is it possible to refuse privatization on behalf of children? – You can refuse to include them in the list of future owners with the permission of the guardianship and trusteeship department. This is stated in Art. 37 Civil Code of the Russian Federation, Art. 21 Law No. 48-FZ dated April 24, 2008 On guardianship and clause 7 of the Post. Plenum of the Supreme Council No. 8 of 08/24/1993. Everything that has been said is also true regarding persons of other residents who do not have legal capacity.

As practice shows, representatives of guardianship authorities almost universally refuse permission to carry out these actions. The motives are quite clear - the rights of socially vulnerable citizens are protected from infringement.

Important! When living space is occupied or has the right to be occupied by persons under 18 years of age, their inclusion in the agreement on the transfer of ownership of the premises on a free basis is mandatory (Zn No. 1541-1, Art. 7).

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).

Privatization Law

If we turn to the law, we can understand that the privatization of an apartment itself implies a free transfer of certain real estate in the form of an apartment or other housing into your private property from the state completely free of charge and once.
Most often, such housing is apartments that you rent under a social rental agreement from the state or local government. All adult citizens who live in this territory, as well as those who have reached the age of 14, can participate in this process. If we are talking about younger children, then their guardians or parents are responsible for them.

The privatization of housing itself implies individual or general registration. If we talk about common use, then each family member receives his equal share in the property. But in cases of sole registration, all family members must write a waiver in favor of one person. And at the same time they lose any rights to housing.

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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.

Decor

There are two acceptable ways to formalize the refusal of an apartment when municipal housing is privatized:

notarial;
simple written.

Each has its own characteristics, pros and cons. When choosing a specific option, you need to be guided by the requirements of the current Administrative Regulations of the municipality where the privatized apartment is located and the re-registration is taking place.

Notarization is required when the applicant is unwilling or unable to personally submit it to an administration employee when registering a package of privatization documents. For example, if a citizen is in another city, cannot be present for health reasons, or simply does not want to waste his time.

A notarized waiver of privatization is obtained as follows:

You must contact any notary, not necessarily the same district in which the municipal apartment is located.
You should take documents with you for the appointment: passport, social rent agreement, certificate of registration. The personal presence of the refused citizen is necessary!
The notary will independently draw up the text of the refusal, indicating all the necessary information.
The document is printed, after which the refusing person signs it with his own hand.

Prices for services vary. The average price of notary services for registration is 1,000 rubles.

The prepared notarial document is handed over to the administration staff along with a package of other papers.

If the local Administrative Regulations allow it, then you can issue a simple written refusal so as not to spend money on paying for notary services. For this:

A person who refuses housing comes to the administration in person with a passport. This must be done when the participants submit the main package of privatization documents.
Next, the citizen writes a consent to non-participation in privatization and signs it with his own hand.
The municipal employee accepting the papers puts a certification signature, confirming that the citizen signed personally and expressed his true will.
The document compiled in this way is attached to the main package.

As a rule, administrations develop their own forms that must be followed.

You can download a universal sample application for refusal of an apartment here.

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.

How to make an application?

There is no strict format for this form of document; it is written in person, using a printed template, or entirely by hand. The application must contain the following points:

“Hat” - written in the name of the head of the organization formalizing privatization. It also indicates the applicant’s personal data: full name, passport details, place of registration.
Next, the citizen must ask not to be included in the number of persons privatizing real estate, indicating the address of the property.
Then the citizen indicates the reasons for the refusal and gives a receipt that he understands the consequences of the actions taken.
At the end of the application there is a date and a signature with a transcript.

When drawing up a document, it is enough to present your passport to the notary. The notary certifies the document and leaves a copy of it in his archive .

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.

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).

When a refusal to privatize an apartment is issued, the reasons for such a decision are not required to be indicated, nor are any supporting certificates to be collected. The expression of will itself, stated in writing and certified by a notary or an administration official, is sufficient.

Before starting the process, you need to understand one legal subtlety. Privatization is possible only with the consent of all residents and registered persons. Citizens who do not want to receive an apartment also give their consent, which is legally called “consent to privatization without the participation of a person.” This is exactly how the refusal to privatize officially sounds.

Why do this?

The first and most basic reason for the privatization of housing is that you become the sole owner of the apartment and can carry out various operations with it, such as: sale, exchange, donation and inheritance. You will also be able to easily rent it out, which was not possible when the apartment was part of the social contract. Then the owner's permission was necessary, which is not so easy to obtain.

Of course, it is worth noting the fact that no one will dare evict you from your home without explanation and the provision of alternative housing.

The only disadvantage we can note is the fact that every year you will have to pay a certain amount of tax on your property, but this figure is not as large as it might seem at first glance. It is also worth noting that you will have to do your own repairs in residential premises at your own expense, not the government’s. And operations such as replacing pipes or insulating a house will also have to be paid for out of pocket. But this cannot be compared with the fact that you receive huge capital in the form of your own real estate.

Reasons

Often, the refusal of privatization is not a simple reluctance of a citizen to deal with paperwork, but his extraction of some benefit from living in a state apartment. Main reasons:

If the apartment is not privatized and, accordingly, is not owned, then you will not have to pay real estate tax, which increases noticeably every year.
If a building is destroyed due to an accident or natural disaster, the state will provide financial compensation for the purchase of such housing or will select suitable premises in its place. The owner will have to solve the problem on his own, especially if there is no insurance.
The upcoming resettlement of residents of a certain house, allowing those in need to receive from the state living quarters of a larger area in accordance with the norms of square footage per person registered. If the apartment is privatized, the number of square meters will remain unchanged.
If there is no formalized privatization of the apartment, there is no need to pay for major repairs of the entire house.
Refusal in favor of the parent simplifies the resolution of issues with the distribution of inheritance and its transfer.
The citizen who refused plans to privatize another premises.
The bulk of benefits and subsidies are provided to housing tenants, not homeowners.

Not only the residents themselves can refuse to formalize privatization, but the state also has the right in some cases to prevent this. This will happen if:

the house is recognized as unsafe;
the apartment was issued from the place of service;
the premises are provided by the housing fund for social protection of the population;
housing is a dormitory;
the house is located in a closed military town;
During privatization, false or invalid documentation was discovered;
the applicant does not agree to pay for the services of the registration service approved by the regulations;
the data entered in the refusal form is invalid;
redevelopments were carried out in the apartment that were not previously approved by the relevant authorities;
it was revealed that a specific person had already used his right to privatization earlier in relation to another premises or part of it.

REFERENCE! Providing false documents or knowingly false data to state registration authorities may result in criminal prosecution.