Illegal privatization- This is the registration of a real estate object at the disposal of a federal or municipal authority, into the ownership of citizens, performed in bad faith.
Unscrupulous execution is considered to be violations of the legal capacity of an object called for registration, while such is not entitled to transfer into ownership. The same applies to citizens who are incapable of performing this procedure, but who participated in it.
This mainly applies to persons who have already registered real estate objects on this basis earlier, since repeated participation is not allowed. Likewise, persons declared incapacitated.
Common violations are:
- infringement of the rights and legitimate interests of third parties;
- errors and irregularities in the execution of the procedure;
- violations of the law, criminal intent;
- fraudulent activities.
Every kind real estate is exposed to one or another type of violation, specifically affecting the nuances of the procedure.
So, it provides for the admission of violations, other than operations with apartments or rooms. At the same time, unified characteristics of illegal actions are highlighted.
The standards for the re-registration of apartments are regulated by the Law on Privatization, which entered into force on July 4, 1991, under No. 1541-1 (see). It states that participation is allowed once and applies to persons residing in this moment in an apartment that is 14 years old. , should be formalized.
By complying with these requirements, residents can, at their discretion:
- delegate the powers of registration to one person;
- divide the area in shares.
On the basis of this provision of the law, the most common actions recognized as illegal are distinguished:
- No refusal of persons living in the apartment during the procedure, not included in the privatization.
- children under the age of 14, at the time of re-registration of housing.
- Deception or threats against persons living in the apartment, in order to exclude their participation in obtaining the due share.
- Illegal removal of the tenant from the registration, for the period of the procedure.
If the official refusal of the person concerned is not provided in authorized body, these citizens have the right to challenge the legality of the procedure.
If children who have not reached the legal age turned out to be discharged from the apartment being transferred into shared ownership, they have the right to challenge the actions of the owners upon reaching the age of majority. In other cases, their legal representatives - parents and guardians - have the right to do this.
Sometimes tenants who are temporarily absent from the place permanent residence, for example, during a long business trip or military service, are ignored when. This is not permissible. Even persons in places of confinement have the right to allotment, if they have not voluntarily renounced property rights (see).
If the preparation of documentation was accompanied by such criminal acts as blackmail, threats or fraud (deception), then the attacker loses the right to the object. Ditto if the participant has submitted fake documentation.
Illegal privatization of a land plot
Regulation land ownership based on the federal law, which entered into force on 21.12.01, under No. 178-FZ, used in the edition of 29.12.15.
On this basis, land was transferred to citizens free of charge from among:
- being in permanent (unlimited) use;
Upon the transfer of ownership on the specified basis, any one for the allocation of memory is considered legal, regardless of the time period for obtaining such. Under certain conditions, the absence of documentation announcing the emergence of the right to dispose of the site is restored. That is, the legal capacity of the allotment during the transition to the jurisdiction of the landowner is less pretentious in comparison with the living space.
The owners of the sites located on the site have the exclusive right of ownership. capital buildings(Article 36 of the Labor Code of the Russian Federation) from among physical and legal entities... If this right is exercised by other citizens or representatives of organizations, it will turn out to be illegal.
A violation will be the appropriation of illegally seized lands, without the consent of the municipality.
In this case, not only the ownership right is canceled, but also administrative sanctions are imposed (Article 7.1 of the Code of Administrative Offenses of the Russian Federation), with a resolution on the release of the site.
Are not allowed to transfer land that are not involved in the turnover (Art. 27 of the RF LC). These include areas associated with the cultural heritage of the region, nature reserves and specially protected areas. Erroneous or deliberate registration of such is a gross violation.
Dispute between citizens in in this case does not enter into force without special reason. Ownership is registered in the name of the person to whom the land was allocated according to the documents. In fact, the spouses bear a joint property right to the plot (Article 35 of the RF IC), if the allocation took place during their period. cohabitation in a registered marriage.
Grounds for declaring privatization illegal
The procedure itself, carried out by an authorized administration department settlement, does not allow cancellation from the inside. This is allowed only when contacting interested persons who have declared a violation of property rights. The appeal is made to the authorized administrative department, where the object was privatized.
Relying on newly discovered circumstances, authorized officials representing municipal authorities have the right to revise their decision, with the registration of the minutes of the meeting of the commission making the decision.
If the decision is positive, an administrative act is issued annulling the preliminary legal actions.
This information is immediately transmitted to the registering authority to cancel the registration action. In this case, the procedure is resumed, taking into account the new circumstances of the case.
The appeal is allowed both on the part of municipal and unitary institutions, and on the part of interested persons who at that time had living space on the territory.
Their list is regulated by law:
- parents and children, including adopted children and adoptive parents;
- the employer's grandchildren;
- spouses and relatives of spouses;
- dependents, disabled people registered in the apartment.
If the applicant receives a reasoned refusal, he is required to go to court. The court's decision is considered as a legal precedent, on the basis of which the violation of rights is restored. By a court decision, the attacker is excluded from the number of owners, and his share is distributed among the rest of the participants.
This decision is put into effect immediately, in order to avoid the sale of the apartment by the violator.
Sometimes it is allowed or the introduction of relevant information in the registration records of the cadastral account.
Challenging illegal privatization in court
After receiving a waiver of administrative actions, it is permissible to go to court at the location of the property. The plaintiff is an interested person whose property interests have been infringed upon.
The statement indicates the circumstances of the case, which reflect the fact of violation of the constitutional freedoms of the plaintiff. The parameters are also given and specifications apartments. The defendant is the dishonest owners, or the initiator of the illegal procedure.
Claims and copies of documents are submitted according to the number of defendants. They are accompanied by a receipt confirming the payment of the state duty to the court. Documentation includes any official information relevant to the case, including the testimony of witnesses.
When it comes to illegal privatization of land and other objects that are not admitted to this process, representatives of regional or federal authorities usually act as plaintiffs. The documentary base requires a statement of the assignment of lands or premises to specially protected objects, objects cultural heritage etc.
Violations associated with the illegality of registration are subject to correction on the basis of total term prescription, amounting to 3 years. It is counted from the moment of privatization. If the applicant was not aware of the procedure carried out - from the moment when he received this information.
If the question concerns violations such as violence or threats against one of the relatives living in the apartment at that time, the limitation period is 1 year.
The term is established from the moment when the threats and other criminal actions against the applicant were terminated.
For persons who, at the time of the procedure, turned out to be incapacitated due to age, the period is not limited. But it can be established at the discretion of the court upon reaching the age of 18.
It is not intentional, because the privatization was contested by the Administration, i.e. the deterioration of living conditions did not depend on your will, this is the result of actions not by you, but by the Administration. Therefore, there is no reason for Art. 53 LCD RF.
Quote: THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
DEFINITION
ON REFUSAL TO ACCEPT THE COMPLAINT FOR CONSIDERATION
CITIZEN KUZNETSOV ALEXANDER VLADIMIROVICH FOR VIOLATION
ITS CONSTITUTIONAL RIGHTS ARTICLE 53 OF THE HOUSING CODE
RUSSIAN FEDERATION
Constitutional Court Russian Federation as part of the Chairman V.D. Zorkin, judges N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, A.L. Kononova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, A. Ya. Plums, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtsev,
having examined at the request of citizen A.The. Kuznetsov, the question of the possibility of accepting his complaint for consideration at a session of the Constitutional Court of the Russian Federation,
installed:
1. By the decision of the Chertanovskiy District Court of the City of Moscow dated September 5, 2006, the application of citizen A.V. Kuznetsov to declare illegal the decision of the Chertanovo-Yuzhnoye district council of the city of Moscow to refuse to register for the improvement of housing conditions, as well as his other requirements. The court indicated that on April 29, 2002, the claim of citizen T.N. Kuznetsova - the mother of A.V. Kuznetsov on assigning to A.V. Kuznetsov under a separate lease agreement for a room measuring 11.6 sq. m, which is a circumstance that worsens it living conditions, as well as the arrival of his wife, citizen V.I. Balandina.
In his complaint to the Constitutional Court of the Russian Federation A.V. Kuznetsov asks to recognize Article 53 as contradicting Articles 7 (part 1), 15 (part 3), 17 (part 3), 19, 41 and 55 of the Constitution of the Russian Federation Housing Code Of the Russian Federation, according to which citizens who, with the intention of acquiring the right to be registered as needing residential premises, have taken actions as a result of which such citizens can be recognized as needing residential premises, are registered as needing residential premises no earlier than through 5 years from the date of the specified intentional actions.
The Secretariat of the Constitutional Court of the Russian Federation in the manner of part two of Article 40 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" previously notified the applicant that his complaint did not meet the requirements of the said Federal Constitutional Law.
2. The Constitutional Court of the Russian Federation, having studied the submitted materials, finds no grounds for accepting this complaint for consideration.
As follows from these materials, when considering the case at the suit of A.The. Kuznetsov, the court applied Article 6 of the Law of the City of Moscow "On improving the living conditions of residents of the city of Moscow" on the actions of citizens that led to the need to improve living conditions. This article became invalid in connection with the adoption of the Law of the City of Moscow dated June 14, 2006 "On ensuring the right of residents of the city of Moscow to residential premises" and was partially reproduced in article 10 of this Law. In accordance with Article 72 (clause "k" of part 1) of the Constitution of the Russian Federation, it specifies the provisions of Article 53 of the Housing Code of the Russian Federation on the consequences of citizens deliberately deteriorating their living conditions.
Within the meaning of Article 53 of the Housing Code of the Russian Federation, which in itself cannot be considered as violating any rights and freedoms of the applicant, and within the meaning of the relevant norms of the legislation of the constituent entity of the Russian Federation, restrictions on the registration of citizens in need of residential premises should be considered permissible only in the event that citizens committed deliberate actions in order to create an artificial deterioration in housing conditions, which could lead to a state requiring the participation of state authorities and local governments in providing them with other housing.
At the same time, the application of Article 53 of the Housing Code of the Russian Federation and the bylaws developing it should be carried out in the system of the current legal regulation in conjunction with paragraph 3 of Article 10 of the Civil Code of the Russian Federation, according to which in cases where the law puts protection civil rights depending on whether these rights were exercised reasonably and in good faith, the reasonableness of actions and good faith of the participants in civil legal relations are assumed.
In this situation, the decision of the question of whether it is possible to consider filing a claim for the division of living space against the applicant and other actions committed by the applicant himself, willful and unfair, and whether this is an obstacle to his recognition as needy in a residential area, as living in conditions not suitable, in his opinion, for residence, requires an assessment of the factual circumstances of a particular case by a court of general jurisdiction, verification of the legality and reasonableness of the judgment, which belongs to the jurisdiction of higher courts and is not included in the powers of the Constitutional Court of the Russian Federation, as they are defined in Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation".
Based on the foregoing and guided by part two of Article 40, paragraph 2 of part one of Article 43, part one of Article 79, Articles 96 and 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation
defined:
1. Refuse to accept for consideration the complaint of citizen Alexander Vladimirovich Kuznetsov, since it does not meet the requirements of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", in accordance with which the complaint to the Constitutional Court of the Russian Federation is recognized as admissible.
2. The determination of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.
Chairperson
The Constitutional Court
Russian Federation
V.D.ZORKIN
Secretary Judge
The Constitutional Court
Russian Federation
Several categories of citizens can challenge the privatization of an apartment. First, these are people who never knew anything about privatization. Secondly, these are the citizens who happened to be registered in the premises, which are the subject of the dispute.
Solving the problem in court
To challenge the privatization process, they apply to the judicial authority with a requirement to recognize the privatization agreement as invalid, with the subsequent introduction of corrective entries in the state register. To shape statement of claim possible only within the time limit limitation period... Some citizens abandon the real estate privatization process due to the well-thought actions of others interested in realizing their own goals. Initially, the decision can only be changed by challenging the privatization through the courts.
The court will make a positive decision if:
- the fact of the citizen's incapacity as a result of an existing mental disorder has been established;
- there is information about the limited legal capacity of a citizen, which was the result of prolonged acquaintance with alcoholic beverages or drugs;
- the citizen agreed to the deal, not knowing about the legal consequences of the actions performed.
How to prepare for a visit to the court
Challenging privatization is relevant when a citizen signed a refusal as a result of pressure, threats or deception. To change the current situation, you will have to apply to the judicial authority. Before contacting, you must implement the following actions:
- carefully examine the documents related to the process of property privatization;
- collect documentary facts illustrating the illegality of privatization;
- organize work with witnesses;
- draw up a statement of claim with reference to references to legislative acts.
Illegal privatization can only be canceled if there is a judicial act. In this case, it is important for the interested person to send a claim before the expiration of the limitation period. Otherwise, the other party may form a motion, allowing the claim to be dismissed later. The classic term is three years. The calculation is made either from the moment of privatization, or from the moment when the citizen became aware of the offense.
Who needs privatization
Unprivatization of an apartment is carried out upon detection judicial authority the following facts:
- there is no documented refusal to participate in the privatization process of adult citizens;
- the citizen has become a participant in repeated privatization;
- citizens were unable to participate in the process of acquiring property due to their temporary absence from the living space.
Sometimes, privatization is one of the methods to reduce the costs associated with the content. property objects... The absence of privatized housing allows avoiding the costs associated with taxation and capital repairs.
In addition, the recognition of privatization as illegal provides an opportunity to improve their living conditions at the expense of the state's resources. However, this can be done only after a certain period of time. A lawyer with a rich jurisprudence... The specialist will assess the situation taking into account legal norms, select the evidence base, build the logic of the trial in order to fulfill the interests of his client, who is interested in liquidating the results of the privatization.
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The privatization procedure presupposes a process in which the transfer of real estate is carried out by means of a change of ownership. Before privatization, property usually belongs to the state and the municipality, after privatization ...02/21/2019 - Vera Pugacheva
1994 privatization two-room apartment... the order for the apartment mother and son at the death of the mother, it became known that the mother in the hospital wrote a will for the grandson and that the apartment was privatized solely by the mother during the privatization, no refusals were signed; the only document was signed with the son; where he was familiarized with the form in which the sole joint was crossed out and in my mother's hand it was written alone in this apartment, the son lived and created his own family and, two children Is it possible to dispute this privatization
01/30/2019 - Lilia Osipova
Hello, I have a question. We lived in an apartment on social services. hiring. Parents and us three children, then later gave my father an apartment from the organization in which he worked. The middle brother and father were registered there, my mother and I remained registered at the old place of residence. In 2004, the father died, at that time the brother had already registered his wife and child there, in 2007 they privatized this apartment without saying anything to us for three (brother, wife, child) at that time I was already completely summer. We did not write about the refusal of privatization! Later, only my mother lived in the apartment, in 2018 she died, now a dispute arose between us, my brother does not want to share the apartment according to his conscience, since only he and his family were registered there, tell me, is it possible to recognize such privatization as illegal and unprivatize the apartment?
09/30/2018 - Alexander Palitsyn
Hello. In the 90s I had an apartment inherited from my grandmother. I was not an adult mother and sold this apartment. Can the apartment be returned legally?
The answer to the question was given by phone.
09/19/2018 - Valeria Zaitseva
The apartment was given for expansion in 1992, the father privatized illegally, the family did not know, the daughter was registered, now the father says that the apartment is his
The answer to the question was given by phone.
05/21/2018 - Eduard Olin
Good afternoon! Please tell me which document you need to refer to in order to get acquainted with the documents on the privatization of an apartment, if the person was a child at the time of privatization?
03/04/2017 - Ksenia kovaleva
I WAS IN A PLACE OF DETENTION WHEN THE PRIVATIZATION OF THE APARTMENT HAS BEEN TAKING PLACE, I THOUGHT IT WILL BE FULLY LEVELED AND MY BROTHER BECAME THE OWNER CAN I DISTRIBUTE THE APARTMENT RU
The answer to the question was given by phone.
02/22/2017 - Zoya Gromova
The apartment was privatized without my consent while I was in prison what to do
The answer to the question was given by phone.
01.21.2017 - Veronica Guseva
good evening I am interested in the question of challenging illegal privatization
The answer to the question was given by phone.
11/21/2016 - Marina Frolova
Hello. I am the owner land plot in the dacha cooperative. We signed an agreement with a related company for the redistribution of borders. Received new land-surveying plans, temporary cadastral numbers. Further, the contractor refused to fulfill the obligations., Requires everything to be returned as is. Is it possible through the court to oblige
11/16/2016 - Ivan Rybochkin
Hello. The grandmother wants to privatize the apartment, but minor children are registered in it. How to be?
The answer to the question was given by phone.
10.24.2016 - Natalia Shestakova
The brother was involved in the privatization of his parents' apartment. During the privatization he served in the army. He sent a power of attorney to his mother to carry out the transaction. 16 years have passed, he does not consider his participation in the privatization legitimate, "he would like to refuse. He says that he sent the power of attorney from a hot spot, he thought that this power of attorney, if something happens to him, is his refusal possible?"
10/14/2016 - Kristina Fedotova
The answer to the question was given by phone.
09/17/2016 - Antonina Koroleva
Hello! My neighbor is having difficulties, group II (epilepsy). Her son, who was about 5 years old at the time of privatization, has a share in the apartment. Today the trial is underway. The sister demands to deprive her son's share, since at that time the provisions on the participation of minors in privatization were not
The answer to the question was given by phone.
08/29/2016 - Yuri Shalgunov
Good day! I would be grateful for the clarification of the next question. During the privatization of real estate in the early 90s, the residential building was divided in equal shares for 4 people. In the early 2000s, this house was demolished, replaced by larger area, the only owner of which is mother. At that time, mla
08/29/2016 - Denis Dashkevich
Can my spouse's sister challenge in court a donation for a share in an apartment if the donor died, as well as the very privatization of the apartment on the grounds that it was entered in the order for the apartment when receiving the apartment in 1982. After 4 years, in 1986. checked out and registered at her husband's apartment. At the time of the
The answer to the question was given by phone.
08.21.2016 - Marina Titova
sister deceived mother with living creatures registered in the mother's house and privatized
The answer to the question was given by phone.
08/12/2016 - Alena kovaleva
At one time I wrote a refusal to privatize, and now I want to become an owner. What should I do?
The answer to the question was given by phone.
08/11/2016 - Diana Gromova
08/11/2016 - Pavel Trikhinsky
a question about an apartment, but it is better to get advice by phone, because many nuances
The answer to the question was given by phone.
07/02/2016 - Egor Severnin
Is it possible to dispute the privatization imperfect. Son (parents are divorced) he is not registered father died and who lived there the same Thank you
The answer to the question was given by phone.
06/13/2016 - Valery Trusimov
I wrote a refusal to privatize in 2007, notarized it, and now I wish to be the owner of a part of the apartment,
03/30/2016 - Stepan Samusiev
Hello. In 2012, we had an apartment that was privatized by the court because it was not a legal privatization. Out of 4 family members, the apartment was only on my father. Can I privatize the apartment again.
The answer to the question was given by phone.
03/22/2016 - Arthur Petropavlov
It is necessary to recognize the privatization as invalid on the basis that at the time of privatization I was registered in the house ... And the privatization was issued for the remaining three family members. I did not write any refusals from privatization ...
The answer to the question was given by phone.
03/21/2016 - Alina Pugacheva
Hello! I have a privatized plot in a dacha cooperative, this is the former gatehouse of a dacha cooperative. The former chairman of this cooperative sold it illegally, but I found out about it only later. But I privatized everything according to the law. Now the watchmen are still there and there is a new chairman. Say n
The answer to the question was given by phone.
03/16/2016 - Ksenia Tarasova
Mom privatized an apartment in which I was not registered, but I was present in the lease agreement. The apartment was privatized 4 years ago without my knowledge and was divided 1/2 for my mother and 1/2 for my niece. how to cancel privatization
03/07/2016 - Alexandra Fomina
if I am disputing the illegal privatization, what can I expect in the contested apartment if I previously participated in the privatization of another apartment
The answer to the question was given by phone.
02/06/2016 - Natalia Shestakova
Hello. At one time, my mother was persuaded by her son-in-law with their parents to move in with the children. The parents of the son-in-law went to my mother's apartment (it was a municipal one). The apartment where my mother moved was also municipal. The sister-in-law and the eldest son were registered in the apartment; their younger son was already born later.
01/30/2016 - Alla Konovalova
daughter privatized housing without entering my brother and my son and I stayed at 1/3 of the housing
12/09/2015 - Konstantin Baybakov
Illegal privatization Statute of limitations 15 years What to do
The answer to the question was given by phone.
09/11/2015 - Sergey Bogatov
Sister, giving a promise to her mother to take care of her mother, demanded that she refuse to privatize the apartment in installments, but now she is finishing off her mother. Is it possible to cancel the privatization. Mother's care was prescribed when the apartment was privatized
09.09.2015 - Ekaterina Davydova
an entrepreneur privatized a section of the street, closed the passage, where should you go first? The district administration is discouraging, they say, private property, nothing can be done ...
The answer to the question was given by phone.
08/28/2015 - Pavel Ustimov
HELLO I HAVE SUCH QUESTION PARENTS DIED 10 YEARS AGO THEY HAVE LAND IN THE POI COLLECTION FOR 5 HECTARES WE HAVE THEM TO SELL THROUGH A NOTARY FOR ONE SISTER TO SELL FROM YOU
The answer to the question was given by phone.
08/25/2015 - Grigory Skuratovich
Hello. Dad and I moved into a privatized apartment in 1996. I was 14 years old. But I was not included in the privatization. Can I now file a lawsuit declaring privatization illegal?
The answer to the question was given by phone.
07/13/2015 - Yakov Vershilo
07/13/2015 - Anna Sokolova
Hello, I would like to know my parents' apartment was issued to my brother, my brother after a while made a dedication to me and to my niece, half a year later my brother's wife found out that he gave 1/3 of the part to me and my niece and set conditions to return everything back, brother hired a lawyer and on behalf of
06/27/2015 - Ilya Shestopalov
Hello Daria! Please help me correctly draw up a permission to move in and register in an apartment that belongs to me on the right of personal property. I cannot attend, I need a notarized consent
06.06.2015 - Daniil Valikov
Hello, While I was married and lived in another city, my mother privatized the apartment for herself and my brother. After the divorce, I came back with a child, How can I also become an owner of a home?
The answer to the question was given by phone.
06/01/2015 - Inna Belyaeva
Hello. My wife and I came back from vacation and we find out that our apartment has a new owner. The apartment was privatized to my wife's personal property in 2013. Privatization was entrusted to a friend who pulled the documents back to the already privatized apartment. Today it turns out that allegedly
The answer to the question was given by phone.
05/22/2015 - Timur Samokrasov
Acquired a room in a 2-room uncomfortable communal apartment by mat capital. I made a new registration certificate and it turned out that the total area of the apartment was overstated by 2 sq. m. (48.8), but in reality there are fewer and there is simply nowhere to take them. But this is still half the trouble. The second trouble is that the "kitchen" "is also included in the privatized housing - on my old registration certificate, it is completely - with an area of 8.8 sq.m. In the right of the owner, the kitchen by the footage also belongs to both in full. The house of 1932, slag concrete, has not yet been recognized as emergency, is undergoing overhaul in the state register. Previously, it was an uncomfortable house. Now I think that the apartment was previously for two families. After a thorough renovation in 1978, a toilet bowl and a sink were installed in the closet. The corridor and toilet are considered general according to my old plan, but the dimensions on it are not written to me. It turns out that the kitchen was, as it were, a living room according to the plan, which is why they were allowed to privatize it. And the previous owners installed a bathtub and a sink in the kitchen, but this is not legalized in architecture and SES. I'm just going to go to the privatization chamber to sort it out. The total area is 46.5 square meters in reality ... the kitchen is 8.8 square meters, my living room is 11.8 square meters. neighbor's room - 21.8sq.m. corridor 3.1 sq.m. .Toilet (former pantry) -1sq.m Conflicting neighbor - will have to suudom.No I do not know what complaint and lawsuit to bring and to whom really. In what court will they turn? Worldwide (if the neighbor makes concessions) or immediately to the city? And another question: - How then will they give me housing in an emergency building, if we are divided total area in half ?! Then I will lose my privatized kitchen area and be left with 11.8 sq. living room. Or is it better to recognize that the deal on mate capital will be invalid now and that's it !? Since the consideration of the payment has not yet entered into force, it will be considered until June 15th. They decided to save money on the exchange and did not do it. I am afraid of unprivatization of housing due to improper privatization and generally be left with nothing if the deal is canceled.
04.16.2015 - Raisa Molchanova
Good day! It is necessary to privatize the apartment. The order contains the wife and son. But in fact they were registered in 1995 and discharged from the apartment in 1996. Today I don’t know where they are. The marriage was not dissolved. What should I do? Can I privatize the apartment for myself without their participation_7
The answer to the question was given by phone.
Do they have the right to decrypt my sold apartment, at the moment there is another owner in that apartment.
The answer to the question was given by phone.
In April 2014, I privatized the apartment where I lived for 20 years. the apartment used to be part of a college dorm where I worked for 20 years. I did everything according to the law, through the city administration. now they told me in the administration that at that time, they did not have a document on the ownership of the premises of the dormitory of the regional administration. now such a document has appeared and they want to privatize my apartment through the court. At the moment I live in another apartment, having sold my privatized apartment, bought another, on the same floor of the hostel. Can they recognize all these actions as illegal and leave me, a pensioner, without an apartment?
The answer to the question was given by phone.
In fact, this is the recognition of the procedure for transferring ownership of housing as invalid. The owners give up their rights and transfer it to the state. These actions are carried out on their personal statements.
If the procedure is carried out with any violations, the process is carried out through the court.
It will be impossible to re-register the privatized housing!
Causes
Financial insolvency
For personal square meters it is necessary to make a number of payments (tax, contribution to overhaul), from which citizens living under a social employment contract are free.
In your own home, you also need to pay rather big contributions for the maintenance of common property, and no one will carry out worn-out communications inside the premises free of charge. While in public housing replacement of equipment falls on the shoulders of utilities.
It should be noted that lonely citizens, in the absence of heirs, are really more profitable to live in municipal apartment and get rid of unnecessary payments.
Safety and family concerns
Lonely, elderly people often fall for the tricks of scammers who deceive them into taking possession of their home. The tenant of the state apartment is not of interest to them, so retirees can be calm.
Based on the results of the consideration, a resolution is issued and within two months the administration concludes an agreement on the transfer of the apartment to the state and concludes a social tenancy agreement with the tenants.
At present, the refusal process can be carried out through those created under each administration of cities and towns.
The following documents must be attached to the application:
- Copies personal document(or documents) of the owner.
- Originals of the Title Deeds.
- Certificate of the absence of restrictions issued by Rosreestr.
- Extract from the house book. It should include all records from the moment of arrival in the apartment.
- Technical passport with explication and housing plan, issued in the BTI.
- Document confirming the payment of the registration fee.
Each region has its own by-laws governing this procedure, so the exact list required documents check with your local government agency.
In accordance with the law as amended on 02/28/15. No. 189 from 01.03.2016 voluntary privatization of housing will be impossible.
Is it possible to de-privatize a share of an apartment?
Apartment decorated in shared ownership, is subject to privatization and transfer to the municipality only in full. That is, all owners must write a statement. If at least one of them does not agree, the cancellation of the contract is impossible, and the apartment remains the property of citizens.
If the state refuses to carry out the procedure?
The refusal may also be due to the fact that in privatized apartment a major redevelopment was made. it can serve as a basis for refusal and cancellation of privatization. In this case, you may never get it, even with the participation of the court.
Alienation of property through the court is carried out in the event of its carrying out with violations.
The law establishes a three-year period for the possibility of canceling an illegally carried out procedure.
The grounds for cancellation are listed in the Russian Federation:
- The transaction was carried out by delusion of the parties.
- Use of force or threat at the time of signing the treaty.
- Revealing the incapacity of the 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.
In the presence of these grounds, a claim for the abolition of privatization can be filed by owners, government agencies, guardianship authorities, guardians of minors or incapacitated citizens, guarantors for bank loans, the prosecutor's office.
The apartment, after the process of recognizing the transaction as invalid, is returned to the persons registered in it before the procedure. If during the period of privatization it was sold, the buyers are virtually left with nothing, and can only file a claim against the sellers in order to return the money.
When buying a home obtained through the privatization procedure, check the compliance with the legality of the procedure in order to protect yourself from this outcome of the case.
If the process is declared illegal, the court returns the living space to municipal property, with the conclusion of a social tenancy agreement with the tenants.
Recognition of the act as invalid does not invalidate the rights of citizens to. Unlike voluntary non-privatization, such housing can be privatized in compliance with the laws.
When is it impossible to leave?
Just as some categories of citizens can, and there are a number of obstacles to the implementation of privatization:
- Some of the owners are against the procedure.
- The apartment is pledged to the bank. A ban in this case can be imposed by both the bank and the guarantor of the borrower, since this violates their rights.
- The procedure was attended by a minor citizen.
- After registration, new tenants were registered at this address.
- The owner owns another living space.
All these conditions are considered grounds for the authorities' refusal to de-privatize on the basis of Article 9, paragraph 1 of the RF Law on Privatization. At the same time, having eliminated these obstacles, the citizen can still achieve the recognition of the contract as invalid.
Voluntary waiver of rights is called deprivatization
It is clear that the apartment, after its transfer to the state, no longer belongs to the citizen. He can live in it under a social employment contract. But she cannot sell, donate or leave a legacy.
The right to this object is not granted, except for those cases when minor citizens participated in the de-privatization (deprivatization). Upon reaching the age of majority, they can privatize housing, received later under a social tenancy agreement.
Features of unprivatization of an apartment with a minor
De-privatization with the obligatory participation of the guardianship and guardianship authorities is carried out in two cases:
- If a minor participated in the process and received his share.
- If, after privatization, a newly born child is registered on the living space, who acquires the right to inherit the apartment or its share.
If such conditions exist, the court may refuse to privatize housing, in order to avoid violating the rights of minors... The process of transferring housing to the state deprives minors of property rights and is therefore illegal.
The de-privatization process may have a number of subtleties and nuances... If you have any special circumstances, be sure to consult with a lawyer before starting the procedure.
How to refuse privatization of an apartment after privatization - watch the video?
Many citizens think that in order to become a full-fledged owner of an apartment, it is necessary to acquire it as property.
In part, such thoughts are correct, because ownership is critical in matters of who actually owns the property.
However, do not forget about another important action, which is called privatization.
The very concept came to us from the Soviet Union. Then all state property v urgent order transferred to private, which, of course, presupposed a certain procedure.
But do not think that today all real estate is located in private property and there is no need for a procedure.
Many citizens continue to live in housing under a social tenancy agreement, but in fact, real estate is purely state property... in some cases, it is still possible if a number of factors are observed.
But sometimes a successfully completed procedure raises questions from some citizens, questioning its legitimacy... Therefore, sometimes there is a need to challenge this procedure or make changes to the conduct. We will talk about these issues within the framework of this article.
On the procedure for the deprivatization of an apartment. Sample lawsuit in court for the recognition of the right to privatization living quarters can .
When is it illegal?
In what cases is it possible to invalidate the process? Not every privatization procedure is illegal.
The legislator has established only a number of factors that, in one way or another, can affect the so that the consequences of the procedure are rejected... So, let's take a look at some of them:
The grounds do not end there, there are a lot of them, depending on the specific situation. We, within the framework of this article, have considered the main ones from all those given in judicial practice.
Another case where privatization may turn out to be illegal is related to the fact that the procedure itself was violated.
Another case of misappropriation of housing is the implementation of actions that, simply does not have the right to carry out privatization.
One of the most significant violations is the signing of all available papers to a person who is incompetent in this matter.
Modification of conditions
Changes to the terms may involve both appeal to the court and solution of the problem with the help of agreements.
In the first case, you need to draw up a statement of claim and submit it to the district court. In this case, after 30 days, you will be summoned to the court within the framework of the court session.
Upon consideration of the case, the judge will make a decision in which he will allow you to make changes and conditions, or vice versa.
If we are talking about the voluntary introduction of changes between municipal authorities and citizens, then in this case there must be a general agreement that does not contradict the legislation.
If one of the parties decides to change the conditions, it must rely on legislation and in no case ask the court or its opponent for actions that are not legal.
Cancellation
If we are talking about the cancellation or annulment of privatization, then here is also inherent judicial order. It is impossible to undo a procedure that has already taken place on your own.... This can only be done by the competent authority.
How can I cancel? The claim is filed as part of the preparation of the 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 competently, in fact and complies with the law, then accepts it and sets the date of the meeting.
During the meeting, you meet with your opponents, discuss all the details of the cancellation, and show the court that you are right by providing evidence.
Upon consideration of the evidence presented, the court makes a decision in one favor or another. The decision of the court is binding, the bailiffs will monitor this.
Limitation period
By general rules and the canons of civil law, we know that the limitation period for any transactions must be three years.
However, three years do not begin to flow at the moment when the transaction was actually made.
This period begins to run from the moment when one of the parties became aware of a fact that may entail challenging, changing or annulling privatization.
It is on this period that one should be guided. Therefore, it would be more accurate to say that in matters of housing privatization the concept of limitation of actions is more nominal than practical and enjoying any kind of popularity among citizens.
Effects
To the consequences of challenging, changing or canceling privatization the following scenarios can be attributed:
- Voluntary refusal by the party who carried out the procedure illegally.
- Bringing to justice those who violated the law.
- Restoring the rights of those persons whose rights have been violated.
- Compensation for illegal actions, moral and material damage.
- Returning real estate back to the ownership of the municipality.
The fact of privatization is not final and if you believe that it is unlawful or in any way violates your rights or the rights of any persons, do not hesitate to contact the appropriate authority.
Despite the established concept of limitation of the claim, it only takes effect at the moment when you learned about a gross violation of the law by the privatizing.
Don't be afraid to stand up for your interests. The judicial system has an extensive practice in such cases and you can familiarize yourself with it at any time and make your contribution.
You can find out whether it is possible to challenge the privatization of an apartment from the video:
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