How to challenge the privatization of an apartment

Main aspects

Recently, citizens have been paying special attention to the privatization of housing ownership.
In this case, we are often talking about municipal housing, which was allocated for certain circumstances. However, the legislation establishes certain deadlines within which the re-registration of real estate into direct ownership can be carried out.

Citizens are given a certain period of time during which they can privatize real estate and dispose of it in full due to its ownership.

If a citizen does not register the privatization of real estate in a timely manner, and he acquires other property where he can live, then he is subject to eviction from the municipal property.

Taking into account these concepts, it will be much easier to understand the essence of the issue regarding the establishment of a statute of limitations for filing a claim for the privatization of an apartment.

What does it affect?

Privatization of an apartment is the registration of a property as your direct property. These actions have a direct impact on the following:

• the apartment becomes the full possession of the citizen;
• it can undergo redevelopment or reconstruction;
• the apartment can be sold without any difficulties;
• if previously the property was municipal, after privatization the state will not be able to seize the property.

These points are directly affected by the privatization of real estate and the transfer of property into full ownership by a citizen.

The settlement of the issue regarding the establishment of a limitation period for the privatization of real estate into ownership is based on the following regulatory legal acts:

• Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On the application of civil procedural legislation by courts”;
• Federal Law No. 178 of December 21, 2001 “On the privatization of state and municipal property”;
• Law of the Russian Federation No. 1504-1 of July 4, 1991 “On the privatization of the housing stock of the Russian Federation”;
• Civil Procedure Code of the Russian Federation, Article No. 131;
• Civil Procedure Code of the Russian Federation, Article No. 132.

On the basis of these laws, the privatization of property objects is carried out, as well as the calculation of the statute of limitations for these actions.

Statute of limitations

A privatization transaction may be declared invalid within a certain limitation period.

The limitation period for privatization cases is 1 year for contested transactions, and 3 years for void transactions.

The statute of limitations begins from the moment when the injured person should have become aware of his infringed interests.

Is it possible to extend

If the injured citizen did not have time to file a claim to invalidate the privatization for a good reason, then the court may extend the statute of limitations, within reason, of course.

You need to understand that it is almost impossible to invalidate a transaction after many years.

When is it considered illegal?

In what cases is it possible to invalidate a process? Not every privatization procedure is considered illegal.

The legislator has established only a number of factors that, one way or another, may influence the consequences of the procedure to be rejected. So, let's look at some of them:

1. If it was carried out on behalf of a minor citizen, then it is likely that such an action could be challenged in court, but for what reason? The fact is that a minor, due to his age, cannot fully understand the full responsibility of the decision, and his representatives can make a transaction, guided not by the interests of the child, but by their own benefit. If this fact is proven in court, the procedure will be considered invalid.

2. 
   If a citizen was declared incompetent, and this procedure was also carried out on his behalf, there is every reason to try to recognize the process as illegal, since the person cannot fully understand the full responsibility of the actions he carries out.

3. If there is a limited capacity, then such a procedure is also called into question. The last reason, which somewhat stands out from the general series, is due to the fact that the person, agreeing to the transaction, could not and for certain reasons was not at all aware of all the consequences of the action being taken.

The reasons do not end there; there are many of them, depending on the specific situation. Within the framework of this article, you and I have examined the main ones cited in judicial practice.

Another case when privatization may turn out to be illegal is due to the fact that the procedure itself was directly violated.

This is manifested in the fact that the papers were drawn up in an invalid manner, incompetent persons were involved, as well as other dangers.

Another case of illegal appropriation of housing is the implementation of actions that privatization simply does not have the right to carry out.

One of the most significant violations is the signing of all available papers by a person who is incompetent in this matter.

Find out from our articles about the rights and obligations of the owner and those prescribed in a privatized apartment, what the owner of privatized meters will have to repair at his own expense, as well as how to refuse to participate in the procedure.

Grounds for invalidating privatization

The court may invalidate privatization:

1. during registration, the rights of persons under the age of majority were violated;
2. if the papers were signed by a person under 18 years of age or an incapacitated citizen;
3. when the privatization was completed under pressure or in an inadequate state.

Minor children

It is possible to privatize an apartment in favor of a person who is not an adult, but only if certain nuances are observed:

1. a child who wants to register real estate in his own name should not be excluded from the number of applicants for square meters;
2. the exclusion of a minor from those entitled to a share of real estate during privatization cannot be carried out without the knowledge of the guardianship authorities;
3. if registration is carried out in favor of a person aged 14 to 18 years, then the registration must have the written consent of parents or guardians;
4. Until the age of fourteen, a child cannot take part in the privatization of residential premises.

Loss of the right to re-register

According to the rules for transferring real estate into private ownership, it is impossible to register more than one property.

If during registration it is revealed that the interested party previously took part in the privatization of another object, the transaction will be considered void.

Lack of registration

A person registered at the address of the privatization object can register a municipal apartment.

In addition to permanently residing and registered citizens in the premises of interest, those who temporarily reside in another place, for example, are on military service or in prison, are also entitled to a share in the apartment.

Incapacity

A citizen is declared incompetent by the court.

In 95% of cases, his relatives ask to recognize a person as incompetent in order to protect both the less than adequate relative and themselves from rash decisions.

How to register the privatization of an apartment through the State Services portal? Read the rules for privatizing an apartment with minor children at the link.

Typically, during a hearing to declare a person incompetent, evidence of unhealthy behavior of the person being heard is presented. Proof of incapacity is also a doctor's report.

Presence of mental disorders

The presence of a mental illness does not always indicate a citizen’s incapacity.

If the disease does not affect the area of ​​the psyche that is responsible for awareness of one’s actions, then paperwork is permissible and not illegal.

If the attending physician gives an opinion that the patient is unable to be responsible for his actions and participate in the privatization of real estate, then the court may issue a status of incapacity.

If the disease was detected after privatization was completed, then relatives or other persons registered in the apartment may file a claim to invalidate the transaction.

Misconception

It is extremely difficult to prove the mistake of the person who formalized the privatization in court.

There are cases in court both regarding the recognition of a transaction as invalid due to a mistake in the registration of privatization, and due to a mistake at the time of refusal to participate in privatization.

Under pressure from

The law stipulates that any documents must be signed by a competent citizen in satisfactory health and aware of his decision.

If a person is threatened or used violence in order to obtain a refusal from privatization or in order to push him to register real estate, privatization can be challenged in court.

In order for the court to invalidate the transaction, a claim must be filed by the one who was subjected to violent actions.

Status

Very often, the status of the property itself does not allow any transactions to be carried out.

This happens when the property has already been privatized earlier, or is in someone else's ownership.

Privatizing status. If it turns out that a person does not have any right to carry out privatization, this action becomes impossible.

Due care must be taken to determine whether there are legal rights to own and use real estate.

Illegal redevelopment. Often, in pursuit of beautiful and modern renovations, citizens carry out redevelopment of real estate that has not yet been privatized.

This action is illegal, because all changes that were made in municipal housing must be negotiated and agreed upon in advance.

You can find out whether it is possible to privatize a dorm room, as well as who has the right to repeat the procedure, on our website.

Is it possible to challenge?

Judicial procedure for challenging

Challenging involves only a judicial procedure for resolving the problem. Unfortunately, other types of permission for such a procedure are not permitted by law.

Before you decide to go to court, you need to carry out preparatory procedures. These include the procedure for determining the specific type of claim that you will file in a specific court.

Here we are talking about the difference between a void transaction and an invalid transaction. From civil law we know that invalid transactions are the result of ignorance of the law, and not of its gross violation.

Once you have decided what type of transaction you need to go to court, you need to draw up a procedural document called a statement of claim. Its preparation must be carried out in accordance with all the norms of the civil procedural code of our country.

Your application must be made using all known rules of general jurisdiction.

Also, do not forget that a certain list of Documents must be attached to it.

All documents must be photocopied and pasted in attachment format.

Do not forget that you pay the state fee.

About 30 days must pass after filing the claim. If the court approves your statement of claim, then next time you will be summoned to court.

It is there that a court hearing will take place to challenge the transfer of real estate into private ownership. Following the court hearing, a decision is made according to which the claim may or may not be satisfied.

Find out on our website also how to determine whether your apartment is privatized, where to start the registration process and whether you can submit documents through the MFC.

Going to court

After the lawyer has provided all the necessary information about invalid transactions, the specifics of the trial, and the chances of having the claim recognized, you need to go to court.

List of documents

The list of documents required by the court to make a decision may vary depending on the reason for challenging the privatization.

Mandatory documents are:

1. personal documents of the applicant and persons registered in the residential premises. You will need documents from everyone who was registered in the residential area at the time of privatization.
2. documents for the property.
3. Documentary confirmation of the fact of violation of the law.
4. testimony useful to the court.
5. statement of claim.

Who can file a claim

A statement of claim to declare a transaction invalid is filed by a person whose interests were infringed during its conclusion.

• If the victims are children or persons declared incompetent, parents or guardians can file a claim on their behalf.
• A lawyer can also handle the privatization process on behalf of an interested party using a notarized power of attorney.

How to file a claim

The statement of claim is drawn up personally by the interested person.

Photo: sample statement of claim

Samples of statements of claim can be found on specialized Internet portals, in law offices, and from the secretary in court. The application must be written personally by those whose interests have been affected.

If a lawyer submits an application to the court, then he must have a power of attorney to conduct business from the client and a notarized claim form.

Based on the situation, additional documents (checks, certificates, video camera recordings, etc.) may be attached to the claim.

The court's decision

The court's decision may be challenged by the dissenting party.

The text of the court decision to invalidate privatization must contain:

1. the fact that the transaction was declared invalid;
2. consequences that should follow after the privatization is declared invalid.

Cancellation

If we are talking about the cancellation or annulment of privatization, then the judicial procedure is also inherent here. It is impossible to undo a procedure that has already occurred on your own. Only the competent authority has the right to do this.

How to cancel? The claim is filed as part of drawing up a 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 correctly, factually and in accordance with the law, then it accepts it and sets a date for the hearing.

During the meeting, you meet with your opponents, discuss all the details of the cancellation, and also demonstrate to the court that you are right by providing evidence.

After considering the evidence presented, the court makes a decision in one favor or another. The court decision is mandatory, and bailiffs will monitor this.

How to avoid cancellation

There is only one way to avoid protesting a deal with the municipality - you need to conscientiously complete the privatization process, carefully understand the issue, and prepare a standard package of documents.

Other important principles should be adhered to:

• include all minor residents of the apartment in the contract;
• collect all signatures of registered residents;
• make sure that there is no one else in the apartment except them;
• check debts on bills and loans;
• find out whether there were any illegal remodeling in the rooms.

Do I have to pay tax on the sale of an apartment after privatization? The rules for the privatization of a municipal apartment can be read here.

What does privatization of a garage give? Read on.

Only after all checks can you go to the MFC to submit an application.

It is quite simple to challenge privatization in Russia; this can be done through the court, having prepared in advance a statement of claim and a basis for challenging the transaction.

The process of considering a claim can take up to 6 months, and the deprivatization itself in some cases drags on for a year.

If the rights of citizens have been violated, then the law will be on their side and sooner or later, the apartment will again become municipal.

Consequences

The consequences of challenging, changing or canceling privatization include the following scenarios:

1. Voluntary refusal by the party who carried out the procedure illegally.
2. Bringing to justice those who violated the law.
3. Restoration of the rights of those persons whose rights were violated.
4. Compensation for unlawful actions, moral and material damage.
5. Return of real estate back to the ownership of the municipality.

The fact of privatization is not final and if you believe that it is illegal or in any way violates your rights or the rights of any persons, do not hesitate to contact the appropriate authority.

Despite the established concepts of limitation on a claim, it begins to operate only at the moment when you learn of a gross violation of the law by the privatizer.

Don't be afraid to stand up for your interests. The judicial system has extensive practice in such cases and you can familiarize yourself with it at any time and make your contribution.

How to dispute if the apartment is sold

Privatization was successful, and the owner quickly sold his apartment, but it turned out that the registration of the transfer of the right to housing was carried out in violation of the law and someone else's rights were affected. Is it possible to correct the situation?

Unfortunately, no one will seize the apartment from bona fide buyers - new owners.

But it is quite possible to sue the violator for an amount comparable to the value of the property. This is stated in the Civil Code of the Russian Federation. However, this is a very complex case and in practice, it is quite difficult to win it without a good lawyer.