Cancellation of apartment privatization. Grounds and reasons for cancellation

Privatization considered illegal and subject to cancellation on the following grounds:

Start the process of challenging privatization by filing a lawsuit possible if at least one of the above conditions is met. The regulations for carrying out this procedure are contained in Article 209 of the Civil Code of the Russian Federation, as well as Article 9.1 of the Law “On the privatization of housing stock...”.

Civil Code of the Russian Federation Article 209. Contents of property rights

The owner has the rights to own, use and dispose of his property.
The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way.
Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

Law “On the privatization of housing stock in the Russian Federation” Article 9.1.
Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer the residential premises belonging to them by right of ownership and free from obligations into state or municipal ownership, and the relevant executive authorities, local government bodies or persons authorized by them are obliged to accept them into property and conclude social rental agreements for these residential premises with these citizens in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local governments of the relevant municipalities.

Cancellation initiators

How to sue a privatized apartment? The conclusion of the contract can be challenged individuals and government bodies. The following may file a claim in court:

Particular attention should be paid to situations where privatization agreements are disputed regulatory authorities or legal entities.

According to the privatization document, real estate is transferred free of charge from one owner to another. In this regard, the party transferring the property must have the right to dispose of it.

The following have the right to conclude agreements on behalf of legal entities:

local government bodies;
state unitary enterprises;
municipal unitary enterprises;
various organizations and departments on whose balance sheet the building is located.

The person signing the agreement must have powers secured by instructions, orders, resolutions or other documents, confirming the ability to conclude transactions with real estate.

Especially you should approach the design carefully in the ownership of departmental and real estate on the balance sheet of state unitary enterprises and municipal unitary enterprises.

The apartment to be registered as a property must be included in the list of buildings that are subject to privatization.

Read our articles about the features of apartment privatization.

Is it possible to challenge the privatization of an apartment?

Challenging algorithm

Is it possible to cancel the privatization of an apartment? Privatization is a transaction between two parties.

Therefore, challenging it is a requirement to cancel the transaction, that is prohibition of illegal acquisition any person's ownership.

If a citizen believes that the contract has grounds for its cancellation, he must declare this, attaching the appropriate proof.

How to challenge the privatization of an apartment? First of all, you need to decide on the subject of the claim filed in court. Having decided on this issue, you should file a claim at the defendant’s place of residence.

The statement of claim must contain the following items:

“Caption” containing the name of the judicial authority and information about the applicant.
Title – indicates the subject of the claim.
Statement of the essence of the claim with a description of the circumstances of the case. In this part, it is necessary to indicate the grounds for challenging the transaction with references to the violated norms of the law.
A list of the consequences of the illegal transaction of illegal privatization of the apartment.
Requirement about . This paragraph should begin with the words “please,” located in the center of the sheet.

Their requirements should be supported by legal norms that are violated during the transaction process.

List of supporting evidence for the application.
Applicant's signature, date.

The date on the application must match the one that appears on the list of incoming documents in court.

You can find out whether it is possible to privatize a room in or in an apartment from our articles.

What happens after?

If the court finds the claim to cancel privatization justified and accepts the evidence presented, the transaction will be declared invalid ().

After the privatization of the apartment is declared invalid, it will again become the property of the state, and the owners will become tenants.

However, the court does not always decide to completely cancel the privatization agreement. Often in the process of considering cases, the court concludes that the contract does not meet all the requirements and that it needs to be re-signed.

This outcome of the case arises when the applicant demands include him among the owners of the premises. The court makes a decision to amend the contract, which is not canceled, but renegotiated on new terms.

Having received a court ruling (after 10-14 days), the former owners will have to contact the local government and conclude a new social tenancy agreement. Moreover, if there are persons who were illegally evicted from the apartment, their registration must be restored.

After the privatization agreement is declared invalid, persons who previously participated in it have the opportunity to again exercise their rights. Under these conditions they can participate in re-free privatization of this living space. An agreement can be concluded only if the violations that served as the basis for challenging the transaction are eliminated.

You can learn how to achieve this from our article.

Changing the terms of the concluded agreement

How to change the conditions for privatization of an apartment? There are cases when complete invalidation of a privatization agreement is not required. There is only a need to change some of its points. The agreement in this case declared partially invalid and requires re-conclusion with the changes made to it.

The reasons for declaring a contract partially invalid and making amendments to it may be the following:

Is it possible to change the privatization of an apartment? In such cases, it is permissible to resolve the issue at the administration level, without involving the judiciary.

Exceptions are those cases when the organizations that own the premises are liquidated and it is not possible to renew the contract with them. In this case The contract can only be partially amended through the court.

Solving the issue of partial changing the terms of the contract pre-trial is possible only upon obtaining the consent of all parties to the transaction. If one of both parties objects to the changes, they will have to act through the courts.

To partially change the terms of the contract, all parties to the transaction must submit an application to the authorities that executed the contract. Previously prepared document. Cancelled and a new deal is concluded with changes. The parties again go through the procedure of signing the agreement, then the previously issued Certificates are “cancelled” in Rosreestr and new title documents are drawn up.

Time limits for challenging a contract

What is the statute of limitations for housing privatization? When is it permissible to challenge a contract? Regarding the issue of the limitation period for challenging a privatization agreement, an important point should be taken into account.

The calculation of the period begins not from the moment of execution of the void transaction, but from the time when the interested person became aware of a 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 limitation period for the privatization of an apartment for a person who is not a party to the transaction must not exceed 10 years from the beginning of its execution.

If the opposing party does not declare motion to skip the statute of limitations, termination of the contract can be carried out without taking into account the statute of limitations. In exceptional cases, the court may recognize the reason for missing the deadline as valid and consider the case after three years.

Civil Code of the Russian Federation Article 181. Limitation periods for invalid transactions

The limitation period for claims to apply the consequences of the invalidity of a void transaction and to declare such a transaction invalid (clause 3 of Article 166) is three years. The limitation period for these claims begins from the day when the execution of a void transaction began, and in the event of a claim being brought by a person who is not a party to the transaction, from the day when this person learned or should have known about the beginning of its execution. In this case, the limitation period for a person who is not a party to the transaction, in any case, cannot exceed ten years from the date of commencement of execution of the transaction.
The limitation period for a claim to declare a voidable transaction invalid and to apply the consequences of its invalidity is one year. The limitation period for the said claim begins from the day the violence or threat under the influence of which the transaction was concluded ceases (clause 1 of Article 179), or from the day when the plaintiff learned or should have learned about other circumstances that are the basis for declaring the transaction invalid.

Such circumstances may be associated with the plaintiff’s personality: illness, illiteracy, helpless state, being in a prison camp, the need to care for a sick relative, the death of a loved one and the associated psychological state, military service, etc.

Reasons for absence are recognized by the court, if they were in the last six months and are equal to no more than six months.

In order for the court to take into account good reasons, it is necessary file a separate application with the court indicating the circumstances under which the person became aware of the conclusion of a privatization agreement in violation of his rights and provide valid reasons, for which he did not know about this fact earlier.

This application must be accompanied by the relevant supporting documents: a certificate from the hospital, an extract from the medical history, a certificate of release from the MLS, etc.

How to stop privatization?

Is it possible to cancel the privatization of an apartment?

Until the privatization agreement is signed, he is not considered a prisoner and may be canceled or suspended.

Reasons for suspension the contract may be as follows:

registration of marriage by one of those registered in the apartment;
birth of a child;
death of one of the parties to the transaction.

These facts lead to the fact that the number of owners of the premises changes, therefore, it is necessary drawing up a new contract privatization due to changed circumstances.

In addition, the final execution of the contract may be suspended due to the serious illness of any participant. In this case, the signing of the document is postponed until the person recovers.

How to cancel the privatization of an apartment? To suspend the process, you must submit an application to the authorities executing the transaction with a written statement justifying the reasons.

The reason for stopping the process may be a decision of the state registrar. He may refuse finalization if doubts arise about the authenticity of the documents or the legality of the transaction, or due to the absence of any of them.

The process of completing a privatization transaction can be suspended for no more than for three months. After this time, the parties to the transaction are denied registration. The package of documents will need to be collected again and submit a new application for the privatization of an apartment.

The ability to defend one's rights is necessary for every citizen. If your rights were violated during the privatization of housing, feel free to go to court. Even after a privatized apartment is illegally sold, you can cancel the property registration agreement and receive your share in the property.

Persons who received an apartment as a result of privatization can freely dispose of it. In addition to various transactions with housing, they have the right to return it back to the state or municipal authorities, refusing privatization.

General rules

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Termination of an agreement on the transfer of state property into the ownership of citizens (hereinafter referred to as deprivatization) involves the implementation of a process in which residential premises are returned to the ownership of the state.

To return the premises, certain essential conditions must be met:

the object must be free from debt obligations and encumbrances;
the entities that initiate the termination of the contract must be its actual owners;
the process can only be carried out during the period of validity of the state program;
real estate was obtained only as a result of privatization;
the apartment is the only place where people live.

The grounds for canceling privatization may be:

voluntary decision of all participants in the procedure;
presenting demands from other interested parties.

At the same time, they amount to a violation of the interests of the parties to the transaction who have the right to use the living space, or their exclusion from the process, despite the need for their presence for the legality of the procedure.

After the procedure is completed, the owner loses all rights to the apartment and ceases to be its owner. In addition, he will not be able to participate in the social program again, since he has already exercised his right to receive his own housing from the state.

What are they regulated by?

The procedure for carrying out privatization in 2019 is regulated. Article 9.1 provides for the possibility of returning residential premises from the owner’s possession to government agencies. At the same time, it does not have the right to refuse to accept property onto its balance sheet or to refuse to conclude a new social tenancy agreement.
The procedure for concluding a hiring agreement is established by Article 8 of the Housing Code of the Russian Federation.

Judicial practice is based on the provisions of the Resolution of the Plenum of the World Federation of August 24, 1993, as well as reviews of the Presidium of the Armed Forces of the Russian Federation.

Causes

The reasons for making such a decision may be family circumstances, measures to protect one’s own interests, or the financial side of the issue. In addition, the privatization of an apartment can be canceled if cases of violation of the rights of the parties are identified.

Currently, the most commonly used motives are:

increase in property tax amounts;
increasing the amount of compensation for utility bills;
the possibility of improving living conditions in communal housing and more.

You can use and cancel it only once in your life. At the same time, minors can undergo this procedure twice: before they reach adulthood and after.

The initiator can be any person who previously took part in obtaining ownership of such premises.

Independent

Voluntary can be carried out upon the agreed request of the parties to the transaction with a request to again accept the apartment into state (municipal) ownership and enter into an agreement on social rent.

Forced

Possible legal action regarding the conduct of a procedure in violation of legal requirements. This may apply to cases of privatization using forged documents or without obtaining the consent of all residents of the apartment.

Procedure

Depending on the type of deprivatization, the sequence of actions will vary. The voluntary form provides:

Preparation of the necessary documentation.
Drawing up a petition for the procedure for returning housing to the state.
Sending the established list of documents to the authorized government body and waiting for a response letter. After registering the application, the institution’s employees issue a receipt confirming their acceptance and check the information provided in the package.
Signing an agreement on the return of the privatized apartment to the administration. Done within two months from the date of submission of the application.
Entering into a re-occupancy agreement for the premises.

The entire procedure is performed free of charge.

Required documents

To carry out the process you will need to provide:

civil passports of applicants;
title documentation (extract from the Unified State Register and privatization agreement);
a certificate confirming that the property has no encumbrances or debts;
application for abandonment of residential property;
permission to carry out the deprivatization process;
an extract about people registered in the apartment;
certificate of payment of property tax.

Recognition of privatization as illegal

There are cases when it is quite difficult to refuse privatized housing. The initiators of the termination of the contract can resolve the situation through the court.

Going to court

Submitting an application must be accompanied by a presentation of the validity of the appeal, since the court can satisfy the demands of the applicant only if there are grounds for the forced return of housing and the facts presented by the plaintiff are well-reasoned.

The court is asked to declare the privatization agreement invalid.

Statement of claim

The form and content of the document must comply with the requirements of procedural legislation and include information about:

name of the judicial authority;
plaintiffs and defendants;
about the circumstances due to which the conflict arose;
the applicant's requirements;
signature of the applicant and date of drawing up the document;
list of documents attached to the application.

All circumstances of the case set out in the claim must be supported by evidence.

Consequences

The privatization process may be declared invalid if violations are discovered during its implementation. If the court satisfies the plaintiff's demands, all legal consequences of the transaction will be canceled. Residential property is returned to the municipality or state, and citizens have the opportunity to rent housing.

It should be noted that the court will only take into account the basis on which the claims are based. If there are several reasons, all of them must be stated in the application.

Arbitrage practice

An analysis of the activities of the courts shows that they rarely overturn the results of privatization. Since it will be necessary to invalidate not only the procedure and agreement, but also to protest the municipal resolution. To make a qualified decision, you will need to collect significant evidence and obtain serious legal support.

Often the plaintiffs are citizens who have discovered gaps in the process and demand that it be cancelled. Although the courts most often challenge not privatization itself under the influence of misconception, but from it.

The most common situation is when family members take advantage of the illiteracy and advanced age of an elderly person and persuade them to sign a waiver of privatization, which automatically deprives him of his rights to housing. In this case, it is possible for this person to file a lawsuit in court demanding that his refusal be declared invalid, since it was made due to a mistake.

Over the past six years, the question of stopping the privatization of residential premises has constantly arisen. At first it was announced that free privatization would be completed by March 2010, then the deadline was pushed back to March 2013, then to 2015, and even to 2016. The last time the end of privatization was dated March 1, 2017. But will it be prohibited to privatize municipal real estate?

#1 It is not profitable for the state to hold housing on its balance sheet

Every year the costs of maintenance, operation and major repairs only increase. An ordinary three-room Khrushchev apartment with an area of 55 square meters. m with a family of five registered in it can “consume” up to 10 thousand rubles. per month for the listed list of services. With such significant overhead costs, it is certainly more profitable to place the burden on the owners’ pockets rather than pay from local budgets. And this is the first reason why we should not wait for the privatization procedure to be curtailed.

#2 Replenishing the budget with an apartment tax

The personal property tax introduced in 2015 burdened all Russian citizens to fork out money to the state for owned housing. The tax is calculated based on the cadastral value, which is close to the market value, and sometimes significantly exceeds it. For example, in Moscow it is 0.1% of the cadastral value of an apartment up to 10 million rubles, 0.15% for a cadastral price from 10 million to 20 million rubles. and so on. Thus, only one average “three ruble” in the capital is capable of annually increasing the budget by 22.5 thousand rubles. (RUB 15 million x 0.15%). Will the state refuse to add such additions to its own treasury? Hardly. Let me remind you that municipal real estate is not subject to tax. And this is the second reason not to abandon privatization.

#3 Housing management is expensive and uninteresting

The Housing Code (Section 8) provides for the obligation of owners to participate in the management of apartment buildings and the adjacent territory. Such management requires the expression of the opinions of homeowners at general meetings, HOA meetings, verification of the legality of decisions made and their implementation, participation in judicial and prosecutorial proceedings when identifying signs of an offense, and much more. If there are municipal areas in an apartment building, the provided obligations are assigned to state and municipal authorities, which leads to an increase in their staff by individual specialists. However, the staff can be reduced and the costs of specialists reduced if there is no longer a need to manage numerous houses. And that is why it is beneficial for the state to transfer it into the hands of the owners, for which privatization cannot be closed, and this is the third reason.

#4 Disposal of real estate is an inexhaustible source of state income

Only home owners are authorized to dispose of it - sell, exchange, donate, rent, etc. And all of the above transactions are subject to tax. When selling or donating, owners are required to pay 13% of 70% of the cadastral value of the residential premises. So, if the real estate being sold is valued at 20 million rubles, the seller will have to contribute 1.8 million rubles to the budget. (RUB 20 million x 70% x 13%). The rental business is also designed to constantly replenish the treasury by the same 13% of all rental payments. The state is unlikely to agree to deprive itself of such a feeding trough, which municipal housing is unable to provide. And this is the next reason to support the decision to endlessly extend the privatization of apartments.

#5 We distract from politics with everyday disputes

In order for the population to get involved in politics less, they need to be distracted with something. And the best way is to redirect the interests of society to the sphere of solving smaller and insignificant tasks, such as the tasks of managing the common property of apartment buildings and the surrounding area. Who will repair the roof and plumbing, how much money to collect from each resident for security, how to use basements and attics, who to hire to clean the area - these and many similar questions can occupy absolutely all the free time of the owners. If we add to this constant litigation within HOAs and management companies, then some residents have to quit their jobs in order to solve problems that arise. As a result, property owners deal with everyday issues and do not get involved in politics, and the state feels calm and protected.

#6 Extra housing for municipalities is an unnecessary burden

The state needs municipal space for only one purpose - to provide it to people on the waiting list. At the same time, if we consider that since 2005, the conditions for placing on the waiting list for housing improvement have become so strict that it has become almost impossible to be in need, the number of square meters required for this task has decreased significantly. Their volume is quite sufficient when allocated by developers in exchange for land for construction provided by administrations. In addition, municipal housing is “replenished” after the death of single people, whose property is transferred to the state as escheat property. It is not profitable for the state to keep it on the balance sheet if there is no one to provide it to - such housing requires constant expenses and does not contribute to the budget. And this is the last - sixth - reason, indicating that the privatization of housing is needed more by the state than by its citizens, and therefore the government will not cancel it.

Changes in the housing privatization procedure from March 1, 2017. With the onset of March 1, 2017, Russians can expect changes in legislation affecting their property rights. On March 1, amendments to Law No. 1541-1 come into force, which will entail the abolition of a number of its provisions and the loss of the opportunity for citizens to privatize housing for free. It is worth noting that the right of Russians to free privatization was expected to be abolished more than 10 years ago. Meanwhile, its validity period has already been extended several times by decision of the authorities. The last of these extensions was the postponement of the program termination from 2016 to March 1, 2017.

Government figures on privatization

In January 2016, during an interview with the Minister of Construction and Housing and Communal Services M. Me, it was indicated that, with a high degree of probability, the next extension of the privatization program beyond March 1, 2017 - there is no need to wait for the abolition of the free privatization will take place. The minister also noted that those who wish to privatize their housing, but have not managed to do so before, should hurry up to collect all the documents required for the privatization of residential real estate and submit to the appropriate authorities to carry out the procedure for transferring housing into private ownership.

Privatization is the transfer of state property into private ownership. It refers to the economic mechanisms that supplemented the Russian legal system in the early years of the emergence of the state. The introduction of housing privatization into the legal system allowed the majority of Russians to become owners of real estate, carry out purchase or sale transactions with it, and also transfer or receive it through inheritance. Before the repeal of legislative norms scheduled for March 1, 2017, the procedure for privatization of residential real estate was carried out free of charge, based on an application.

Housing privatization procedure until March 1, 2017

According to the first article of the privatization law, the right to transfer real estate from state funds to private ownership is available to citizens occupying residential space without any additional payment and on the basis of their voluntary decision. Legislative changes that come into force on March 1, 2017 imply the termination and repeal of the provisions of this article. The fourth article of the law, which allows legal entities and individuals to privatize official housing at their disposal, is also expected to be repealed.

The main provisions of the privatization law that deserve attention include its 11th article, according to which Russians can exercise the right to privatize housing once during their lifetime. This article also notes that Russian citizens retain this right if they became owners of residential real estate as part of the housing privatization program while a minor. In this case, they can take advantage of the one-time right to free privatization of residential real estate after reaching the age of majority. The article is expected to be canceled as of March 1, 2017.

The process of privatization of residential real estate is quite simple; to implement it, you need to submit an application for privatization to the district government or local authorities. All necessary documents must be attached to the application, including:

a certificate of previously unused right to privatize housing;
an agreement on social rental of residential real estate or other documents confirming the citizen’s right to use living space;
documentation identifying the applicant and other participants in the procedure for transferring residential real estate into ownership;
passport of the property (technical or cadastral);
a certificate of payment of all debts for rent and utility bills;
certificates from the guardianship and trusteeship services, if minors living in the living space are not included in the privatization.

Government authorities are required to review the application within ten days and, if the documentation meets all the requirements, the applicants receive a certificate of ownership of the property.

Cancellation of free privatization from March 1, 2017

The question remains open as to whether the free privatization program for residential real estate should be extended or whether it will be completed in 2014. The Russian authorities have already postponed the cancellation of free privatization, which was planned for completion back in 2006, 5 times. At the beginning of June 2016, deputies I. Lebedev, Y. Nilov and V. Sysoev introduced a bill to the State Duma of the Russian Federation on the next postponement of the cancellation of the program from March 1, 2017 to 2018.

Russians who take advantage of the privatization program acquire not only ownership rights to residential real estate, but also responsibilities for its maintenance. They are responsible for carrying out repairs and paying for the maintenance of the property. This has become the reason for the recent increase in cases of deprivatization of property, which is carried out by Russians in order to minimize payments. Thus, it is impossible to speak unambiguously about privatization as an undoubted benefit necessary for all citizens of Russia.

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.

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.

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 cancel the privatization of an apartment?

This is a process in which many citizens take part. But sometimes situations arise when owners need to cancel an already concluded agreement.

If you are faced with such a question and you are aimed at terminating the transaction, then you can do this quite simply by refusing, because the truth and the Civil Code of the Russian Federation are on your side, where Article 9, paragraph 2 is stated. Thanks to it, you will always be able to defend your rights .

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.

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.

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 it possible to challenge privatization if I wrote a refusal?

A transaction can be considered illegal if the will of the citizens is incorrect after an error, since it entails different legal consequences for him than he expected. A person can challenge it if he has written a refusal. But it is important to take into account the fact that only an error that is considered significant in the situation of this citizen matters.

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.

home > Road transport equipment