When is it possible to cancel privatization?

Cancellation of privatization, also known as deprivatization or deprivatization, is the transfer of a previously privatized apartment back to the ownership of the authorities. This is a fairly rare occurrence, since it involves the loss of ownership of real estate, however, in some cases, people take this step to avoid paying taxes and other similar payments for owning a home.

Is it possible to cancel the privatization of an apartment?

The right to cancel privatization arises on the basis of Article 20 of Law No. 189-FZ, as well as Article 9.1 of Law No. 1541-1. It should be taken into account that this possibility is not clearly described anywhere. Thus, the administration of each individual locality or region is guided by internal regulations when transferring back real estate of this type. These standards may differ from each other, but in general they are quite similar. Below is an average version of how privatization can be terminated. Specific details should be verified locally.

If the municipality refuses to deprivatize, the problem can be resolved through the court, since such a right exists.

When can privatization be cancelled?

Cancellation of privatization is available:

1. On a voluntary basis , if a citizen needs it for any reason.
2. The need for forced deprivatization arises if violations were committed . The basis for its holding is a court decision .

The owners may have
a voluntary desire

1. The family grows and receives the right to receive a larger apartment, but the living space has already been privatized. Accordingly, people lose the opportunity to repeat the procedure. The abolition of apartment privatization will allow you to get on the waiting list for housing that complies with current housing standards.
2. If the condition of the apartment is such that it requires expensive repairs, then its tenant can avoid expenses by transferring it to the public housing stock. He will lose ownership of it, but will save a significant amount of money.
3. Those who live in a municipal apartment are exempt from paying tax on their housing. If the owner considers this burdensome for himself, he can carry out the procedure in question.
4. Sometimes older people do not have good relationships with loved ones. If they do not want to transfer the apartment to them by inheritance, then it is enough to deprivatize it.
5. Sometimes an elderly person has no heirs, and it is difficult for him to financially maintain his home. He can cancel privatization, creating more acceptable conditions for himself.

Reference! The procedure is regulated by Article 9.1 of the Law “On Privatization”. It states that municipal authorities are obliged to take the apartment under their jurisdiction. Having carried out the procedure under consideration, the owner loses the right to carry out privatization again on a general basis.

Deprivatization can also be carried out in a forced manner . reasons may exist for this :

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1. During privatization, violations were committed that made it invalid.
2. The contract was concluded under the influence of intimidation or physical violence or as a result of corresponding threats.
3. Participants in the transaction were incapacitated persons. If their condition was hidden from officials, then this is a reason to cancel privatization.
4. If registration was carried out without the participation of all registered persons.
5. The transfer of the apartment into the ownership of the residents must be done in such a way that the rights of minors are not violated. If this rule is violated, then the entire procedure becomes invalid.

Attention! Forced cancellation of the procedure can only occur by court decision. Victims, as well as representatives of certain government bodies: the prosecutor's office, guardianship and trusteeship, or social protection, can file a claim.

The grounds for deprivatization are listed in Article 178 of the Civil Code of the Russian Federation.

In which cases

Privatization can be canceled only on the condition that all requirements are met:

• The apartment was previously privatized by the same persons who are currently planning to privatize it. It must not be transferred as part of a gift, sale or inheritance agreement.
• The premises have not been remodeled. Alternatively, it can be done, but legalized.
• The apartment must be the only place of residence of its owners.
• The apartment is not pledged and is not under other types of encumbrances.
• The apartment is not inhabited by third parties who have not previously participated in privatization.

Deprivatization does not change the fact that privatization is available only once in a lifetime.

Example : A family privatized municipal housing, thereby wasting their right to such actions. After this, they return the apartment to state ownership, completing deprivatization. However, the right to privatization has already been spent, so they will not be able to get another premises and privatize it under any circumstances.

In what cases can privatization be cancelled?

The grounds for forced deprivatization are also enshrined in the legislative act, namely in Article 178 of the Civil Code of the Russian Federation. These include:

• there was a misconception between the parties when carrying out privatization;
• concluding an agreement under the threat of physical violence or the use of it;
• the procedure involved incapacitated persons whose status was hidden from municipal authorities;
• participation in privatization of not all persons registered in the apartment;
• the rights of minors registered in the apartment at the time of free access to the property were violated.

Only a judicial authority can cancel privatization. Not only individuals whose rights have been violated, but also representatives of government bodies: social security, guardianship, prosecutor’s office, etc. have the right to apply to it personally.

How to cancel the privatization of an apartment

Privatization can be canceled on the basis of legislative acts adopted in the current region of residence. Below is an option on how deprivatization can be carried out in Moscow. In other localities the rules may be slightly different.

Procedure

1. Prepare the required list of documents (see below).
2. Contact the relevant administration authorities.
3. Sign the prepared deprivatization agreement.
4. If required, draw up a social rental agreement.

Procedure, process

Let's look at the whole procedure in more detail. After preparing the documentation, you need to contact a specific government agency. In Moscow, this is handled by the City Property Department. In other regions, you will most likely have to contact the local administration. There you should write an application for deprivatization and submit it to an authorized employee along with the prepared documents. In this case, all persons living in the premises must be present, including children over the age of 14 years. After submitting the application, a special certificate is issued indicating that the application has been accepted. From this moment the review of documents begins. After a decision is made, the administration draws up a special agreement for the transfer of property to the state. It needs to be signed. Further actions depend on what the former owner plans to do. If you wish, you can conclude a social rental agreement for the same property that was transferred to the state. If not, you should check out from there. In the latter case, not only the right of ownership and privatization will be lost, but also the right to reside in this premises.

Is it possible to cancel the privatization of an apartment?

Indeed, the legislator allows the cancellation of privatization that has already been carried out. This provision is enshrined in Article 9.1 of the Federal Law of July 4, 1991 “On Privatization”. In accordance with it, persons who have previously undergone the procedure for free ownership of residential premises have the right to return it to the state if this housing is the only one.

The same norm indicates the obligation of municipal authorities to take over a previously privatized apartment and conclude a social rental agreement with the residents.

Example. Kalopina I.V. in 2000, she privatized a four-room apartment into sole ownership. She wanted to bequeath it to her son after her death. However, in 2015, her son died. Since Kalopina I.V. There were no relatives left, she was a pensioner, and it became quite difficult for her to financially support the apartment. She also did not want to sell or exchange it for a smaller one. Therefore, she applied to the municipality to cancel the privatization. Having examined the application of citizen Kalopina, as well as the documents provided to her, the authorized employee of the local government found no reason to refuse her and accepted the apartment for balance, and a social rental agreement was concluded with the woman.

After the voluntary deprivatization of residential premises has been carried out, a person can no longer initiate the procedure for reclaiming the property on a free basis.

Documentation

When submitting an application, you must attach the following package of documents:

• Passport of a citizen of the Russian Federation.
• For children under 14 years of age who do not have a passport, a birth certificate is required.
• If children are registered in the apartment, permission from the guardianship authorities for deprivatization will be required. Unlike privatization, it will be difficult to obtain such a document, since it implies the child’s loss of ownership of the property, which is clearly not in his interests. You will have to argue your position in great detail and in detail.
• Extract from the Unified State Register (USRN) (can be obtained from Rosreestr or through the MFC).
• Consent from all owners to deprivatization.
• Statement of account confirming the absence of debt.
• A certificate from the tax office stating that all property taxes have been paid in full.

Additional documents may be required in some regions. For example, a previous social rental or privatization agreement, BTI registration certificate, and so on.

Grounds for canceling the privatization of an apartment

There are a number of reasons why owners might make this decision:

• A privatized apartment requires payment of real estate tax. If the square measures are returned to the municipality, then you will not have to pay taxes, and the right to use the property will remain.
• In some regions, residents under a social rental agreement can save on utility costs, including major repairs.
• In the case of emergency housing again or participation in the renovation program, the conditions for relocating residents under a social rental agreement will be more favorable than for the owners. The fact is that the owners are provided with exactly the same premises that are being seized. Improvement is possible only at their own expense. Employers receive based on the social norm per person. Often, this is a much larger area, without any additional payment.
• Apartment in social network hiring cannot be sold, given away, etc. Raspriatization can be a way of preventing such actions.

Is it possible to cancel the privatization of a share of housing?

You can only give up your share of the apartment if other residents also give up their shares, since deprivatization concerns the entire property as a whole, and not individual square meters.

Example: A family of four privatized an apartment. Each of the residents received 25% of this property. After some time, the father of the family decides to get a divorce and wants to deprivatize his share - 25%. When submitting an application, a refusal will follow, since deprivatization applies to the entire apartment as a whole, and not to a separate share.

Is it possible to cancel the privatization of part of the housing?

One of the legal requirements for carrying out the procedure in question is the consent of all apartment owners. If at least one of them has not issued a permit, deprivatization cannot be carried out.

Important! An exception is the design of a room in a communal apartment. It is privatized and deprivatized separately, regardless of the rest of the living space. The procedure is carried out only if the room was previously allocated to separate housing.

Refusals. Causes.

Refusal to deprivatization may follow for the following reasons:

• The apartment does not meet the requirements: it was not previously privatized, redevelopment was carried out.
• The applicant wants to deprivatize only its share.
• There were errors in the documents.
• The guardianship authorities refused to consent to deprivatization.

If everything above is in order, but the refusal still occurs, you need to clarify for what reason. To do this, it is recommended to request a refusal in writing, indicating specific data due to which this procedure is considered impossible. In some cases, you can achieve what you need by going to court.

Carrying out deprivatization is somewhat easier than privatization due to the fact that the technical passport of the BTI, with which most of the problems arose, will already be in hand. The remaining documents are not too difficult to collect. However, you will still have to spend your time and effort to implement the procedure. In addition, depending on the region of residence, you will also have to take into account local characteristics. At a free consultation, our specialists will help you understand the main, most controversial issues. They are ready to represent your interests, act as representatives, or even fight for deprivatization rights in court.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to Exit Privatization of an Apartment

Since July 1991, a law on the privatization of municipal housing has been in force in Russia.
At the end of 2004, a new state law came into force stating that the right to privatize apartments will cease with the onset of 2006. Citizens are beginning to privatize their living quarters in a panic, while trying to secure as much space as possible for themselves. Apartments are being privatized for several people. Over time, some of them begin to think about how to get out of the privatization of the apartment in order to separate from family members and get another apartment under their ownership. Now the privatization law has been extended until 2015. Privatization

As already noted, privatization of residential space is the transfer of state property into the private use of one or more citizens. Privatization was extended to the design of one or several areas or apartments. When concluding an agreement on the privatization of municipal space, the interests of minor children were taken into account. At the same time, citizens retained the right to transfer back to the state all areas free from housing obligations, but owned by them as property, back into state ownership. To do this, it was enough to draw up an agreement on the social rental of these housing areas and premises.

Deprivatization

Deprivatization is the reverse process of privatization. How to get out of the privatization of an apartment if the privatization was done for several people? — it is impossible to deprivatize an apartment to one of the owners. In this case, deprivatization must occur in accordance with a written application drawn up in accordance with the generally accepted state form by all co-owners of the apartment.

In the event of privatization of an apartment privatized after 2005, all its former owners no longer have the right to privatize it back.

For Moscow and the Moscow region, as well as for other regions of Russia, privatization of an apartment can be carried out only once. An exception to the rule was made only for minor children, since they, having become the owners of a residential apartment, retain the right to a one-time privatization of the state housing stock after they reach adulthood.

If you have not fully figured out how to get out of the privatization of an apartment, then an online consultation with a lawyer will help you.