Real estate agent Natalya Gudyma answers:

Privatization is possible without problems if all registered residents give the go-ahead. But if one person is against it, then there are three ways.

1. Ask him to deregister if he does not claim ownership.
2. Ask him to write an official refusal, certified by a notary, in favor of other residents. That is, he will not be the owner, but will automatically become a lifelong user of the apartment. Therefore, if you later want to sell the apartment, you will need him to voluntarily deregister.
3. Send him an official letter inviting him to participate in the privatization of the apartment. It is best by registered mail with notification. This will be a good basis for resolving this issue in court.

How to privatize housing if your ex-husband does not live in Russia?

Children did not participate in privatization. Are they the owners of the apartment?

Causes

Persons using an apartment on the basis of a social tenancy agreement may refuse to privatize it, while maintaining the opportunity to live in this facility and pay the costs of its maintenance.

The main reasons for citizens’ refusal to transfer ownership rights to residential premises are as follows:

• Registration of third parties in an apartment is permitted only with the consent of all tenants and the owner of the property (state or municipal authorities). For some citizens, this norm is a guarantee of respect for their rights and interests.
• If the housing is recognized as unsafe and subject to demolition, then those who live in the house, as tenants, have the right to receive a new apartment free of charge, with the possibility of subsequent privatization (Article 86 of the Housing Code of the Russian Federation).
• Increase in the amount of utility bills. Homeowners are required to pay fees for major repairs, maintenance of property and equipment of repair companies.
• The need to pay property taxes.
• Elimination of the need for children to enter into inheritance rights.

In addition to the main motives prompting employers to refuse privatization, additional reasons for such refusal can be identified:

• Some citizens, for personal convenience, carry out illegal alterations in residential premises, and in order to privatize the property, their mandatory elimination is necessary.
• Free transfer of ownership is possible only once, and many citizens do not want to hastily use this legal opportunity.
• Lack of funds, time or ability to properly complete a privatization transaction.
• Difficult relationships with other employers. To transfer ownership rights, the voluntary and mutual desire of all persons registered in the apartment is necessary.

Everyone registered in a residential area has the right to refuse privatization, including minors.

The refusal of such a person must be supported by a similar decision of the guardianship and trusteeship authorities.

As practice shows, these authorities approve the refusal if it does not infringe on the rights of the child.

Example

The spouses, Citizen R and Citizen M, decided to privatize the apartment in which they lived on the basis of a social tenancy agreement together with Citizen S and his minor son. Citizen C refused this legal procedure; as a parent, he turned to the guardianship and trusteeship authorities to obtain permission to refuse his son. In justifying the decision, Citizen S attached documents indicating that the housing was in disrepair. The guardianship and trusteeship authorities supported the refusal of citizen C, since the privatization of an apartment in disrepair infringes on the rights of a minor.

Citizens who participated in privatization as a minor have the right to a subsequent free transfer of ownership rights again, but after reaching adulthood.

Refusal of privatization in favor of a certain person, for example, a spouse, children, parents, is impossible. The share of the refused citizen will be distributed among other participants in the transaction.

There are several ways to refuse to transfer rights to a property:

• Do not take part in privatization. To do this, a written notarized document is drawn up, in which it is impossible to indicate a specific person in whose favor the property is being renounced; the share will be distributed proportionally among the remaining registered users of the housing.
• Based on a gift agreement. You can only donate the already privatized part of the apartment, since it is unlawful to dispose of property that is not personal property.
• Relinquishment of the owner's authority. A person may renounce the right of ownership by declaring this or performing any actions that indicate his desire to be eliminated from the capabilities of the owner (Article 236 of the Civil Code of the Russian Federation).

Even if the majority of citizens refuse privatization, the law allows you to register an apartment for one owner, including a minor citizen (

Art. 2

Federal Law dated July 4, 1991 No. 1541-1).

Non-participation in the legal process of acquiring real estate must be justified by the presence of some compelling reasons, which include:

• painful condition, with confirmation from a specialist from a medical institution;
• lack of documents in the required volume;
• the desire to make one of the household members the sole owner of the premises, etc.

It happens that just at the time of registration, one of the residents’ passport is not in order - the date for pasting in the photograph has expired, for example, the document cannot be considered valid, and the person will have to not take part by writing a statement of the appropriate form.

You can find out whether it is possible to privatize real estate with debts, company housing or cooperative housing, as well as military premises, a room in a communal apartment or a dormitory from our articles.

We invite you to read: What does privatization of an apartment give?

Deputy General Director of the Bon Ton real estate agency Valeria Tsvetkova answers:

Unfortunately, in this case your options are seriously limited. Privatization is the free and voluntary transfer of apartments into the ownership of citizens: no one can be forced to act under duress, even through the courts. In your situation, all that remains is to build a dialogue and try to provide sufficient arguments for the other family member to agree to privatization.

Is it possible to challenge privatization because of a child?

Is it possible to privatize a dorm room?

How to apply?

First, you need to discuss this issue at a family council, informing relatives of your intention, suggesting that they all agree to the distribution of living space in the proposed ratios or leaving it at their discretion.

After negotiations with the family, you need to prepare documents and once again make sure that they are valid and in perfect order.

Such a document is drawn up in a notary office. You need to choose a notary, it does not matter in which area the office is located, and make an appointment with him.

The procedure for registering a refusal to privatize an apartment is as follows:

• The decision must be in writing and certified by a notary.
• The document is written by the citizen personally. To perform a legal action, you cannot use the services of representatives by proxy.
• An application for refusal is submitted to the territorial body responsible for the privatization of residential property (city administration).
• In addition to the application, the following documents are provided: passport (birth certificate for minors);
• social rental agreement;
• extracts from the house register and personal account;
• decision of the guardianship and trusteeship authority if the child refuses privatization.

The notary carefully checks the reasons for the refusal, their validity and compliance with the requirements of the law. If there are no arguments for the impossibility of certifying the document, then the authorized person certifies the refusal and issues it to the applicant.

A person who wishes to refuse a transaction may declare his refusal at the time of signing by all participants of the privatization agreement. Such a decision will be recorded in writing.

Refusal to privatize an apartment and a share in it in favor of parents

Refusal to privatize an apartment in favor of parents is a voluntary recognition of one’s reluctance to own such housing, but not a waiver of the right to privatize any other property, i.e. they can subsequently privatize another apartment, for example, if they are on the waiting list for their own housing.

1. After the death of one of the parents, the right to inherit the share of the deceased begins. At the same time, it can be distributed among the children, as primary heirs, in equal shares.
2. After the death of both parents, a son (daughter) permanently living in this apartment, who previously renounced his participation in its privatization, cannot be evicted unless he himself does so. No one can write him out. If there is no will for an apartment, then such an heir has full rights to this living space along with other equal heirs.
3. If a son (daughter) - a “refusenik” cannot be present at the privatization procedure for housing where he is temporarily not living for one reason or another, then his application for refusal is certified by the relevant official (the head of the institution, the head of the colony - in places of detention, the commander of the unit – in the army, etc.).
4. Relinquishment of property rights by parents of young children should not affect them. There are often cases when grandparents, when dying, left a will for the apartment where their young grandchildren lived, in favor of other relatives. In these cases, parents must file a complaint with the court. But still, the main blame in these situations lies with them, because... By giving up their rights, they set their children up for it.

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What are the consequences of refusal of privatization and the right of lifelong residence?

Every citizen living in municipal housing has the right to take part in the privatization of an apartment or refuse this right for any reason. However, in the latter case, you need to think carefully about everything before signing the document. This legal action has significant consequences. In this article we will understand the consequences of refusing privatization and the right of lifelong residence, which arises after signing the refusal paper.

According to the law, privatization is carried out with the consent of all persons who live in the residential premises. At the same time, refusal to register a share in the general right of ownership of property implies consent to the privatization of housing by other persons rather than a refusal in principle. This changes matters significantly, since in this case the right to reside (i.e., use) in the apartment is not abolished. This is enshrined in Art. 83 LC RF and Art. 292 of the Civil Code of the Russian Federation.

What is the right to use premises

As a rule, the desire to privatize housing arises from a family living in an apartment on the basis of a social tenancy agreement. In this case, the owner of the property is the municipality or the state.

Accordingly, the right to use residential premises arises from the moment of signing a social tenancy agreement with the municipality or state. It is a mistake to believe that it appears from the moment the apartment is re-registered as private property.

Refusal from privatization should occur on a voluntary basis. It is drawn up in the form of a special document and certified by a notary office. It is the notary who must verify the voluntariness of writing the refusal and certify the authenticity of the signature. This is necessary to minimize the presence of reasons for going to court.

A citizen who has refused privatization has the right:

• for permanent residence in residential premises;
• for permanent registration at the place of residence;
• to be freely present in any part of the residential premises;
• for the use of communications, etc.

In other words, the lack of ownership of real estate will not in any way affect the right to use living space.

This is important to know: Federal Law 178 on the privatization of state and municipal property in 2021

Application for refusal to privatize an apartment sample 2015

1. Cadastral passport for the privatized apartment. It can be obtained from the BTI by applying with a passport, identification, as well as a social rent agreement.
2. At the passport office you receive a certificate of family composition.
3. If the future owner had another home from 1991 to the present day, he should take an extract from the house register from his previous place of residence.
4. Persons who changed their place of residence after 1999 must submit a certificate confirming the absence of privatized real estate.
5. In case of refusal of privatization by some person (see How to refuse a share in an apartment) registered in the apartment, it is necessary to issue a refusal certified by a notary.
6. Provide the social lease agreement itself or any other basis for using the apartment.
7. Passports - for persons over 14 years of age and birth certificates - for children under 14 years of age.

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Consequences of the decision

Many people are interested in what rights remain with a person who refuses privatization. This is especially true for the right to use residential premises. The consequences of refusing privatization are:

1. Reservation of the right to use living space. A person can live in an apartment or house even if the property is sold.
2. A person who loses ownership also loses the right to vote when real estate is sold. A person cannot even count on receiving part of the funds from the transaction.
3. Possibility to privatize real estate later.

So, a person who has lost his privatized share in an apartment retains the opportunity to live in it. And even moreover, he cannot be evicted by force if the property has new owners (Federal Law “On the privatization of housing stock in the Russian Federation”). A person can use his lost chance for privatization at any time, but only as long as he has the right to use the property indefinitely.

This is important to know: What is apartment privatization and why is it needed?

But it is impossible to refuse privatization after the procedure has been carried out. If the owner wants to lose his rights to a certain type of real estate, he can do this through sale or donation. But there is no such thing as “deprivatization”.