Only once in a lifetime does every citizen of a country have the right to exercise the right to privatization. However, it is not uncommon for registration authorities to refuse to privatize in favor of another person. Most often, it is served in favor of loved ones, relatives or children. Such actions lead to certain consequences.
Who has rights
Privatization is the transfer of municipal or state real estate to the private ownership of a citizen. Such an act may be carried out on a free or paid basis. You can get ownership of a dwelling, land, garage and other things. But most often it is about getting housing in the property.
To exercise the right to privatize an apartment, the applicant must meet certain requirements:
- occupy living space on the basis of a social employment transaction;
- the applicant must be registered in this apartment;
- there must be the consent of all residents of this housing to the privatization procedure.
It is allowed that the transfer of housing occurred in common ownership to all tenants.
A minor citizen has the right to housing in the privatization process and may even become the sole owner. But it is impossible to exclude a citizen of a country who has not reached the age of eighteen from privatization. First of all, this will require the permission of the board of trustees, which is unlikely to issue it.
The main regulatory act governing the entire procedure is Law No. 1541-1.
The main reasons for rejecting your right
A complete rejection of privatization is not such a rare occurrence. There are many reasons for making such a decision:
- unwillingness to pay real estate tax and dues for the maintenance of housing, its overhaul;
- unwillingness to do paperwork;
- difficult relationships in the family, which do not allow obtaining consent from all residents;
- the hope of a speedy move to better housing;
- the presence of illegal redevelopment in the apartment;
- reluctance to transfer the apartment in the future by inheritance;
- lack of funds to complete the transaction.
In addition, it is impossible to privatize an apartment or house if the building is in disrepair or is subject to demolition.
In fact, there are many more reasons, but it should be understood that privatization is not an obligation, but a citizen's right.
The above reasons, rather, characterize the refusal to participate in privatization. This concept in the legal field is significantly different from the refusal in favor of another person. In the first case, the citizen simply does not declare his desire to take property into the property, and in the second case, he renounces his right in favor of someone.
In favor of others
Refusal of privatization in favor of another person or loved ones is quite possible. Most often they refuse in favor of children. But it can be other relatives: brothers, sisters, parents.
If the family decided to abandon housing in favor of one of the members, then, accordingly, they must express their desire in writing. It is not required to file a waiver from a person who has already exercised his right to privatization. In this case, an appropriate certificate is provided stating that a certain person has already exercised his right.
Minors
Initially, Law No. 1541-1 did not provide for privatization in favor of minor children. Later, the changes made it possible for parents to abandon privatization in favor of another person - their child, in which case he automatically becomes the sole owner of the housing.
Such documents are submitted for a child under fourteen years of age on behalf of parents or guardians. At the age from fourteen to eighteen years a person independently signs documents.
Parents
Similarly, children also have the right to refuse in favor of their parents, but only after reaching the age of eighteen. To exclude minors, it will be necessary to obtain permission from the guardianship authorities, which is rather problematic to do.
In addition, it will be necessary to prove that such a child has other housing, with sufficient space. From the moment he left the housing, which is planned for privatization, he retains the right to receive it for another six months.
Communal apartments and hostels
The procedure and consequences of the refusal of privatization in favor of another person in a communal apartment are the same as in the case of an ordinary one. Such housing is also subject to privatization, and each resident has the right to own it, or rather, to a room or share.
Dormitory rooms are also not transferable. Accommodation in them is carried out on a rental basis, and not on the basis of a social hiring agreement. Moreover, this issue should not arise if the hostel belongs to a legal entity, and not to municipal authorities.
For the privatization of housing in the hostel, the only possibility is provided - the transfer of such a building into the status of an apartment building.
How to make a refusal of privatization in favor of another person in housing in a military camp or in an apartment issued for official use? As a matter of fact, in no way, such housing is not subject to privatization, like a hostel. Do not count on an apartment if it belongs to the housing stock of social protection institutions.
Procedure
The privatization procedure is simple. First you need to make a refusal of privatization in favor of another person at the notary public (a sample application is given below). Then make a request to initiate the procedure and submit it to local authorities.
After considering the application, an agreement is signed on the transfer of ownership of housing. The document, in which the refused persons are not indicated, is submitted for registration at the Rosreestr.
Accompanying documents for a notary
To contact a notary, you must have a passport and documents for an apartment with you (social contract of employment). It is allowed to draw up an application from an authorized person. Such a citizen must apply with a notarized power of attorney.
If the application will be made by a legally incapacitated person, the guardian must confirm his functions, provide the relevant health certificates of the “refusenik”.
When applying on behalf of a minor, the notary must provide written consent of the guardianship authorities.
Form and content
As a rule, a notary public issues a standard form for filling out.
A completed refusal of privatization in favor of another person is as follows:
Consent
Novosibirsk city, January 31, 2019.
I, Petrov Petr Ivanovich, born on March 17, 1963, a native of Moscow, passport of personal computer No. 369125, unit code 1203, registered at the place of residence at the address: 38 Moskovskaya Street, apartment 73, this document made up as follows:
I, Petrov Petr Ivanovich, agree to privatize the dwelling - apartment No. 73 in building 38 on Moskovskaya Street in Novosibirsk - without my participation and without including me in the privatization agreement.
I know that the above housing will be privatized in the name of Petrov Mikhail Petrovich, born March 18, 2005, a native of the city of Novosibirsk, birth certificate of PU No. 31889.
The meaning, meaning and legal consequences of notarial acts are known to me.
Signature, Name
Certification label of a notary public.
Something like this looks like a model application for refusal of privatization in favor of another person. Similarly, a complete refusal is made, which has a slightly different text for the main part of the document:
"... I ask you not to include me in the number of participants in the common property of the privatized premises at: ..."
After execution by the notary of refusal of privatization in favor of another person, documents are submitted to the department under local authorities, which deals with privatization issues. The application must be accompanied by:
- directly failure;
- copies of documents that confirm the identities of people who will participate in privatization;
- copy of the social contract of employment.
A full list of documents is recommended to request before applying. Based on the provisions of Section 8 of Law No. 1541-1, local authorities must consider the application within two months and make a decision.
Effects
The refusal of privatization in favor of another person primarily entails the deprivation of the right to receive immovable property into ownership for the “refuser”. If there are several family members, then the proportion of those who refuse is divided equally among those who remain. If the refusal is directed in favor of a certain relative, then the share is transferred to him.
As a result, the refusal of privatization does not give this person the right to dispose of real estate, lease it out, sell it, give it away.
Rights of the refusenik
At the same time, the consequences of refusal of privatization in favor of another person are not so deplorable. First of all, a citizen who refused to participate in the procedure for obtaining rights to housing does not lose his right to live in it. Such a person retains the right to use the local area, elevator, stairs, that is, he can use common house property.
However, it should be remembered that the consequences of the refusal of privatization in favor of another person (Article 292 of the Civil Code) after the sale can be disastrous. Indeed, the refused person has the right to live in this apartment for life, but new owners can still evict him. Even if they do not, it is unlikely to get along with strangers. This question is little covered in judicial practice, but even an analysis of the decisions taken does not provide a full answer to the question of whether the "refusenik" can live in the apartment after its alienation by the owners. That is, this question remains open, and the courts make decisions based on the specific circumstances of the case. Therefore, before filing a refusal, you should think several times.
The new owners of the apartment even have the right to go to court to evict the "refusenik", but they will have to prove that such a person is an unscrupulous tenant.
But the refused remains the right to participate in the privatization of other housing. But for this you will have to register in another apartment, which is subject to transfer to ownership.
Responsibilities
Refusal of privatization in favor of another person after privatization involves the preservation of certain obligations for the "refusenik". He will have to pay utility bills and bear the costs of maintaining real estate. It is necessary to comply with all the legitimate interests of neighbors, the rules for the use of residential premises and maintain housing in good condition.
Therefore, you should always remember that owning real estate entails not only confidence in the future, but also imposes certain obligations, additional costs.
Is it possible to withdraw or challenge my own refusal?
In fact, the rejection of privatization in favor of another person is a free expression of the will of a citizen. And to use their rights or not, each person decides independently. However, it is allowed to withdraw your refusal, but only until the registration of the transfer of the right to housing from the municipality to private individuals. The main reasons for the recall include the understanding that a person’s financial situation will worsen, or that a person has simply changed his mind.
It is quite difficult to challenge your own decision, and this can only be done in a judicial proceeding or through a notary public who was involved in processing the application. At the same time, it will be necessary to prove that the refusal was drawn up under pressure, or the citizen was mistaken at that moment, he received threats.