Privatization of the apartment. Refusal of the apartment (sample)

A fairly common phenomenon is the privatization of the apartment. Refusal of an apartment during paperwork is the right of every citizen. Moreover, no one is able to force its implementation. What does it mean? A person of his own free will either refuses an apartment, or he participates in privatization and draws up real estate on himself under certain conditions. What should citizens know about the refusal in this process? What are the nuances to consider? What does an example of refusal to privatize an apartment look like? Is it always necessary to compile and arrange? Understanding all this is not as difficult as it might seem at first glance. The main thing is to clearly grasp the differences between some terms.

Two concepts - different meanings

The thing is that in Russia there are 2 different concepts. The first is the rejection of privatization. The second is the refusal to participate (this is important) in privatization. It would seem that these two terms mean the same thing. This is actually not the case.

Refusal to privatize an apartment is when a person is simply silent. He does not exercise his rights in relation to the process under study. He does not refuse to directly participate in privatization, does not agree to the implementation of the transaction by other persons. In other words, it simply does not allow the process.

Refusal to participate in privatization is a form of will of a citizen. In this case, the person expresses his refusal to exercise the right to privatization. Other citizens can bring the process to life. A peculiar form of approval of the privatization of an apartment without the participation of one or another person.

Only after the citizen begins to clearly understand the difference between these actions, it will be possible to continue to analyze the issue. Otherwise, you can get confused and make a serious mistake.

Features of the rejection of privatization

First you need to understand what features each proposed term includes. For example, the rejection of privatization. It has already been said that this is a peculiar form of disapproval of the whole process.

She does not require documentary evidence. A distinctive feature is that in this case the privatization of the apartment cannot take place. Refusal from the apartment is not executed in any way, the property remains with the municipality. Until a person expresses his desire to complete a transaction or refuses it in writing, it is impossible to transform state property into private property.

Features of opt-out

The following nuances relate specifically to the refusal to participate in privatization. It has already been said - this is a peculiar form of permitting the conversion of real estate from municipal to private. At the same time, a person who refuses to participate in the process will not have any substantial rights to housing. Only for accommodation, if registered there.

What do you need to privatize an apartment? Refusal of an apartment in case of unwillingness to participate in the process of converting real estate from one form to another requires documentary processing. Usually a special document is provided that indicates permission to other tenants to carry out the idea without one or more residents.

Everyone who does not want to participate in privatization must independently issue a refusal. More about this later. First you need to understand what the consequences will be for citizens. Indeed, refusing to participate in privatization is a serious step. It must be carefully considered. Return everything as it was before the registration of the apartment in the property will not work. A written refusal confirms the legality of the transaction.

Right to privatization

It is imperative to pay attention to how many times in Russia you can participate in privatization. The main problem is that this process is provided by law a limited number of times.

More precisely, one. Each citizen has the right to participate in privatization once. Once this chance is realized, it is impossible to be a participant in the process of converting municipal real estate into private one again. Without such a person, privatization of an apartment is easy.

It should be borne in mind that in a mandatory manner in the corresponding statement that gives rise to the process, minor children are indicated. All citizens who are registered in a particular dwelling have the right to privatize real estate. Even minors from 14 years old. In privatized housing they must provide a share without fail.

Failure for minors

Nevertheless, sometimes you can find a way out of the situation. Need privatization of an apartment? Refusal of an apartment by a child, as has already been said, cannot be drawn up. Minors must be included in the contract. But there is one exception.

If you need to privatize an apartment without a child, you will have to contact the guardianship authorities. Refusal to participate in privatization will be made out in writing, moreover, as a permission of the guardianship authority.

That is, a minor can refuse a share, but it will bring many problems to parents. Guardianship authorities will examine all the nuances and circumstances of the requirements. And only after it turns out to prove that the interests of the minor do not suffer, a positive decision will follow. In practice, most often, children simply always participate in privatization.

Grounds

Many are interested in the grounds on which it is possible to abandon the process under study. Moreover, from participation, and from the complete transformation of municipal property into private. And can they refuse to privatize by law?

Yes, that happens. But this is extremely rare. You should not think that a complete list of documents and the correct, consistent appeal to the appropriate authorities - this is 100% success. Denial of privatization of the apartment may follow. There are legal grounds for this with the municipality.

Which ones? According to the established rules, the following housing categories are not subject to privatization:

• dormitories;
• "service apartments" - those used by employees;
• emergency property;
• apartments located in closed military territories (in towns);
• real estate owned by the social security fund.

Accordingly, if housing belongs to one of the above categories, a denial of privatization of the apartment will follow. The grounds for this are completely legal. But for the voluntary abdication of compelling reasons is not necessary. But, as a rule, they highlight the main points that help substantiate your choice. The main thing is to remember that no one has the right to be coerced into writing a refusal to participate in privatization.

Voluntarily

So for what reasons do people most often refuse to convert real estate into private property? For what reasons (in the absence of legal restrictions) apartment privatization will not take place? The cancellation of the apartment, executed in writing, as already mentioned, allows the rest of the residents to carry out the task without this or that person.

The following options for the development of events most often become voluntary causes:

1. Consideration of an increase in living space. Privatization is not beneficial to everyone and not always. For example, in communal apartments this right is usually not used.
2. Taxes. In Russia, all property owned must be paid. Real estate taxes are often repulsive.
3. Why else the privatization of the apartment may not take place? Failure to share or the whole process as a whole allows you not to worry about overhauls. In Russia, homeowners are required to pay for the provision of repair work themselves. Municipal property is being repaired by the state.
4. Subsidies and benefits. Residents of rented apartments are often given a variety of bonuses from the state. Privatization may take them away.
5. Participation in privatization earlier. Comments are not required. If a person has already registered municipal property as private, he cannot re-participate in the process.
6. The lack of desire to have a share in the apartment. A rare but occurring phenomenon. Sometimes a person simply does not need privatization of an apartment. The refusal from the apartment is justified by the fact that the citizen already has property, and he "gives up" his share to the other residents.
7. Neglect of the right to privatize “for later”.

The latter option takes place quite often. Citizens should use their sole right wisely. There are no time limits. That is, a citizen can participate in privatization at 18, and at 48, and at 88.

Effects

Any legally significant action has its consequences. What does the process under study lead to? The consequences of refusing to privatize the apartment at least take away from the citizen the right to be the owner of the home.

In the Russian Federation, when refusing to participate in privatization, all those who refuse are faced with a restriction of rights. Such citizens can be assigned the following opportunities:

• lifetime right of residence (lost if a person begins to participate in another privatization);
• the right to free housing under state programs;
• the possibility of acquiring an apartment under a social contract of employment, if a person is standing in the appropriate queue.

Only in reality, not everything is as good as it seems. After all, registration of a refusal to privatize an apartment may deprive a person of housing. Theoretically, a citizen has the right to live on the territory of real estate. But at the same time, the homeowner can sell the apartment or provide conditions for communal housing.

Decor

How to refuse real estate? It should be noted that refusing to participate in privatization is not such a difficult process. The main thing is to know the features of the design of the document.

It has already been said that it must be submitted in writing. It is drawn up by a notary public. Only after this can the privatization of the apartment take place. Refusal of an apartment requires the following documents from a registered citizen:

• passports of the Russian Federation;
• certificates confirming the availability of registration;
• a statement of the established form (usually drawn up by a notary public).

All papers are submitted to a notary office, then a confirmation of refusal is issued. This document will be needed by future property owners.

Sample

There are special rules that must be followed if you want to abandon the process under study. What information should the document contain? A sample of refusal to privatize an apartment must have:

• data on a refusing citizen;
• real estate information;
• reason for refusal (optional);
• date of issue;
• face signature.

Based on the foregoing, we can give an example of failure. It will look something like this:

• I, Ivanov Ivan Ivanovich, (passport data), this document expresses my right to refuse to participate in the privatization of the apartment located at (information). The decision is voluntary. The reasons are explained to me and fully understood. I am acquainted with the consequences of my decision.

Here is a form of refusal to privatize an apartment you can fill out and provide to a notary After certification of the document, it is given to the future owners. The presence of the refusenik when registering an apartment in private ownership is not necessary. Only his written refusal.