How to refuse privatization in favor of another person

• October 24, 2018
• Housing law
• Marina Lobacheva

Privatization is a procedure during which state-owned real estate is transferred to the ownership of private individuals. Most often, the process is carried out in relation to municipal apartments, which citizens use on the basis of a social rent agreement or a warrant. Privatization requires the consent of all registered persons who become participants in this process. If there are minor citizens, then the parents make the decision for them. Refusal from privatization must be formalized, which requires contacting a notary. A person who refuses to participate in this process still retains the right to live in the apartment for life.

Concept

The main condition for the privatization of any real estate is the consent of all registered persons who live in this apartment. If a person simply does not want the housing to be registered in the names of all residents, then it will not be possible to use this method of obtaining ownership of real estate.

Relatively recently, it was possible to divide one object into several shares, which were then privatized separately, but in 2018 partial privatization is prohibited.

Another type of refusal is the preparation of an official and notarized refusal of privatization, after which the citizen does not become a participant in this process, but agrees that the property will be transferred into the ownership of other persons registered in the apartment. In this case, his share is distributed among other persons or transferred to another citizen.

Is it possible to refuse?

Every person has the right to refuse to participate in privatization. It is impossible to force him to participate in this procedure. In this case, the following nuances are taken into account:

• a citizen must be aware that in the future he will not be able to claim ownership of even part of the property;
• refusal of privatization in favor of another person is not allowed, therefore the received share is distributed among all other citizens;
• the procedure requires the preparation of an official document, which is certified by a notary;
• the person retains the right to participate in privatization in the future, but only for other real estate.

The decision should only be voluntary, since if in the future it turns out that pressure was exerted on the citizen, then the agreement on the basis of which the housing is transferred into the ownership of citizens may be declared invalid.

Reasons for refusing privatization

The legislation does not indicate specific possible reasons for refusal to participate in privatization. Moreover, they do not have to be indicated in the document itself. Thus, each person has the right to independently decide on what basis he is consciously deprived of his allotted share:

• Doesn't want to pay property taxes.
• There is no need to sell the apartment, rent it out or pass it on by inheritance.
• Previously already participated in privatization.
• Fundamental reluctance to deal with this issue and participate in the procedure.

Example : The applicant refuses to participate in privatization on the grounds that he does not need this apartment as private property.
He is quite happy with reduced utilities and has no desire to pay property taxes. This option is most relevant for older people who do not have heirs (or who do not want to leave anything to their heirs after their death).

Process requirements

Refusal from privatization can be presented in two forms:

• reluctance to register the apartment as the property of registered persons, as a result of which the housing remains municipal;
• official refusal to participate, after which the citizen’s share is distributed among the remaining participants, but refusal in favor of another citizen is not allowed.

The main requirement for the latter case is the need to draw up a written document, which is checked and certified by a notary. After the formation of this document, the citizen will not be able to apply for participation in the procedure, but at the same time can use housing for permanent residence for the rest of his life.

How to apply

The legislation allows for the only option for registering a refusal to participate in a privatization transaction - contacting a notary office. There are no territorial restrictions; such a document can be drawn up and certified in any city and region. The right to draw up a refusal in favor of other persons belongs only to the citizen himself; drawing up this document by power of attorney is not allowed.

Why is it necessary to contact a notary office to certify such a refusal?

The notary is authorized to verify the following facts:

1. citizen's legal capacity;
2. the applicant’s understanding of the consequences of his actions (the notary is obliged to explain such consequences and indicate the fact of explanation in the text of the document);
3. the presence of the right to refuse (the document can only be drawn up by a citizen who has the right to use residential premises on social rent terms);
4. the refusal can only be drawn up in favor of other tenants of the apartment; unauthorized persons cannot acquire the right to privatization in this way.

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Thus, without the personal presence of the employer, the document cannot be executed. When obtaining notarized consent for the privatization of an apartment, the presence of other tenants is not required; it is enough to provide information about the remaining participants in the privatization transaction.

Is it possible to draw up such a document yourself and submit it to a notary office for certification?

Formally, the law does not establish restrictions on the methods of drawing up a document, since the notary still has to check it for compliance with regulations. However, in practice, filling out the refusal form is carried out by employees of the notary’s office, who know all the nuances of drawing up such documents. Citizens will have to pay additional costs for services to compile the form.

The procedure for drawing up and certifying a refusal is as follows:

1. citizens decide who will participate in the privatization transaction and who will formalize the refusal through a notary;
2. each employer who decides to refuse must appear in person at the notary’s office;
3. a notarized refusal is drawn up and certified separately for each of the “refuseniks”;
4. information about the certified refusal is entered into the unified register of notarial actions;
5. a certified refusal form is issued to the citizen to present it at the place of request.

Registration of a certified refusal in the register of notarial actions is necessary for the possible emergence of claims when challenging privatization transactions.

To complete a notarized waiver in favor of other persons, you must take with you the following documents:

• original of the applicant's civil passport;
• documents confirming the applicant’s right to use a municipal apartment (social rent agreement, registration data at the place of residence, etc.);
• copies of identification documents of other participants in the privatization program.

The notary checks the submitted documents directly in the presence of the interested person. If the applicant confirms the legality of the right to use the apartment, the refusal is drawn up on a notary form and issued to the citizen.

Note! The law does not provide for the possibility of canceling or canceling a certified refusal. If a citizen changes his decision and wants to become an owner along with other family members, he needs to sign a single application for participation in the privatization transaction on a general basis. In this case, the notarial refusal will lose its legal significance.

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Is notarization of the specified document required in favor of other residents if a citizen personally approaches the authorized municipal body and declares his refusal?

Law No. 1541-1 does not provide for such forms of refusal as oral appeal or submission of a written statement without notarization. Thus, a visit to a notary’s office cannot be avoided under any circumstances.

Who can refuse?

Many people who do not want to take ownership of even part of the real estate are wondering whether it is possible to refuse privatization. The procedure can be performed by any person registered and living in the property.

The initiator of privatization is usually the responsible tenant specified in the social tenancy agreement or order. But all people registered in this property have the right to participate in the process. Additionally, they can draw up an official refusal. Children cannot be excluded from the process, so they must participate in privatization, although after reaching 18 years of age they can exercise this right again.

It is important to take into account even those persons who do not temporarily reside in the apartment, but have permanent registration in it.

Refusal to privatize one of the registered

Privatization of an apartment is a free legal action that allows you to transfer state property into private property.

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Any citizen who owns property and meets the requirements for participants has the right to take advantage of this action.

Is it possible to refuse privatization?

It is possible to refuse privatization. First of all, citizens need to take into account that this action means permission to carry it out without claims to ownership of the apartment.

The legislation of the Russian Federation provides for some options for renouncing the share of privatized residential premises: deed of gift. A person gives his share of ownership of a dwelling to a third party.

Note! For such a procedure, all that is required is re-registration of property rights in Rosreestr and the consent of the citizen who received this right. In such a situation, you need a certified refusal (notarized) from participation in the privatization of the apartment. This method does not mean transferring your share to a third party.

Relinquishment of property is specified in Article 236 of the Civil Code, but is used in rare cases. The fact is that the property is, as it were, “lingering in the air”: the previous owner no longer owns the premises, and the new owner has no right to it.

Refusal to participate in the privatization of an apartment does not constitute a waiver of the right to do the same in relation to any other property. In the future, a citizen has the right to privatize other premises if he is in line to receive his own residential premises.

Let's celebrate! Also, this action can be performed in favor of the parents only if there are no other citizens registered in this premises.

How to formalize a refusal to privatize one of the registered ones?

According to the legislation of the Russian Federation, it is necessary to contact any notary (district). These organizations have a sample of this type of statement. It contains the following provisions:

• applicant details;
• rejection reason;
• citizens in whose favor the procedure is being carried out;
• name of the apartment and address that are being privatized;
• decision of the guardianship authorities expressing consent;
• a court decision establishing guardianship (this is necessary if there is a legal representative) or the child’s birth certificate.

Note! The documents must be drawn up by a citizen who refuses privatization even if he has a power of attorney for another citizen.

Required documents

Next, the following documents must be submitted to the City Property Management Department:

• identification document of a citizen of the Russian Federation;
• notarized refusal of privatization;
• documents for the apartment (certificate of residence and property warrant, extract from the house register);
• resolution of the guardianship authority on permission (this applies to registered minors).

How to write a refusal application correctly?

The application is written personally by the “refusenik” at the notary, even if there is a power of attorney for another authorized person.

The statement states a request that the citizen not be included in the list of participants in the privatization of the apartment.

What information does it contain?

The application shall indicate the following information:

• about a citizen who refuses privatization;
• about the grounds for refusal;
• about citizens in whose favor a person refuses;
• address of the property being privatized;
• decision of the guardianship authority on consent - if the refusal comes from a minor citizen;
• documents on the birth of a minor citizen or a court decision on the guardianship of this citizen.

The application is written without specifying the addressee, that is, not to a specific specialist. The document is evidence of the voluntary fact of transfer by the citizen of his share of property to the remaining participants in the privatization.

Let's celebrate! If the applicant is in prison, the application can be certified by the head of the prison. If the “refusenik” lives in another state or city, and cannot quickly notarize the application, he must entrust this process to a third party.

Cost of application at a notary office

The cost of the application depends on the price list for notary services. Prices for notary services consist of:

• notarial tariff - it is uniform for notaries and is established by law;
• the cost of technical and legal work - this indicator is approximately the same for all notaries, but it may vary.

Good to know! To find out the specific cost of this service, you need to contact a specific notary. If the applicant does not want to write an application himself, he can turn to intermediaries who will provide him with this service. The cost of services of such persons is approximately 2000 - 3000 rubles.

Consequences of refusal to privatize one of the prescribed

A citizen who refuses to denationalize an apartment is given a lifelong right to reside in that apartment.

Such a right exists even after the apartment is sold by the owner, however, in the case of voluntary checkout from the apartment or participation in the free privatization of other housing, the right of lifelong residence is canceled.

Practice shows that the right to be “registered forever” can be revoked if family relationships break down.

The Housing Code of the Russian Federation deprives the right to use housing to a former family member who does not live in the apartment. All this gives a chance to evict the “refusenik” from the apartment through the court. But this is not enough to deprive him of his lifelong right to live in the premises.

In this case, there should be no fact of forced eviction of the “refusenik” from the apartment. If at least one of the mentioned facts is present, it guarantees the inviolability of his right to live in the apartment.

In the case of selling an apartment, the consent of the “refusenik” is not required. He will not receive a share of the proceeds from the sale of the home. However, in the future, the citizen will no longer be able to take part in the privatization of housing, since his refusal, which he previously formalized, can no longer be annulled, except in rare cases.

Good to know! If a citizen has issued a refusal, but is still in line for a new one, he does not lose his status as a candidate to move into another apartment.

Consequences of refusing privatization

If a person does not want to participate in this process, then he must evaluate the consequences of such a decision. These include:

• a citizen can live in real estate for life, so even the owners will not be able to force him out of the apartment;
• in addition to drawing up an official refusal, he must agree that the property be registered in the name of all registered persons;
• in the future, a citizen will not be able to claim to become the owner of even part of this object;
• he will not have the right to sell, exchange or donate real estate;
• he will not be able to leave even part of the apartment to his heirs after death;
• The citizen retains the right to privatize other real estate.

The consequences of refusing to privatize an apartment are considered mainly positive for the immediate person who does not want to become the owner of the property.

How to formalize a refusal to privatize?

The refusal can be issued at any notary office. The notary has sample documents and forms to fill out.
The document is written personally by the citizen, even if there is a power of attorney for another person, allowing him to perform this action. The application should indicate:

• Full name, passport details, date and locality where the applicant was born, as well as his registration address;
• circumstances that caused the refusal;
• list of persons who will become beneficiaries (if relevant);
• details of the apartment that is subject to privatization (number and address);
• details of the document containing the permission of the guardianship and trusteeship authority (if relevant);
• details of the minor tenant’s birth certificate, as well as the court decision establishing guardianship (if relevant).

The application must be submitted personally or through a representative to the Housing Department, attaching to it:

1. passport (original and copy);
2. placement order or social tenancy agreement;
3. a certificate displaying information about the persons registered in the premises;
4. resolution from the guardianship and trusteeship authority (if necessary).

The certificate of ownership, which will be issued upon completion of the privatization process, contains a note indicating the presence of a tenant who has renounced the right to own housing in favor of other family members. Read more about the privatization process and what documents to submit and where to submit them here.

Consequences of refusal to privatize

A person who refuses privatization in favor of other citizens receives an indefinite right to reside in the premises, even if the real estate is sold. However, he will no longer be able to formalize ownership of the specified object, since the refusal cannot be revoked.

It is impossible to refuse privatization in favor of one owner.

It is permissible to change the decision only if the re-registration of rights has not yet taken place. For this purpose, you should prepare a corresponding application at the notary's office.

Can a child refuse?

Before privatization, it is necessary to obtain the consent of all registered persons. This includes not only adult citizens, but also children. All decisions are made for them by official representatives, who are usually parents. Refusal of privatization in favor of another person is not allowed, and children are mandatory participants in this process.

Children must necessarily receive some part of the apartment, after which they become the owners of this share. However, they can re-participate in the privatization process of other real estate after they turn 18 years old. Parents cannot write a waiver for their children to participate in this process.

Consequences of refusal to privatize in favor of another person

This deliberate action has its positive and negative sides:

• who refuses to receive his share in the right of common ownership, a citizen is deprived of the right to fully dispose of his property - he will not be able to perform any legally significant actions: neither sell, nor bequeath, nor donate;
• Many people of the older generation pass on their rights to their children or grandchildren, hoping for their decency. They imply that this will make it easier for them to inherit their share. But descendants do not always act according to the law of justice, and often simply drive their elderly parents out onto the street and sell the apartment. Although they still have the right of residence, the new owner has the right to expel them from the apartment on the grounds that they are not members of his family;
• or another situation happens when children behave inappropriately, drink or use drugs, they are simply afraid that having received property, they will use it for selfish purposes, and simply force them to write a refusal in their favor.

The only consolation for refuseniks will be the opportunity to permanently reside and use the property as before, but this is of little consolation. After all, property can be bequeathed, sold or donated, and these are profitable financial transactions.

How is it processed?

If a person is interested in how to refuse privatization, then he needs to contact a notary, since the official refusal is issued only in writing and must also be certified by a notary. Therefore, to refuse, the following steps are performed:

• The corresponding document is drawn up in written form.
• This document is submitted to the notary for examination and certification.
• Correctly compiled documentation is attached to other papers that are transferred to the privatization center.

When signing an agreement to transfer ownership of an apartment to the residents, this document is not required. This is due to the fact that all persons who wrote an official refusal are excluded from participation in this process already at the stage of consideration of the received papers.

A sample refusal of privatization can be studied below.

Is it possible to cancel the refusal to privatize an apartment?

1. Preparation of an application for deprivatization.
2. Transfer of documents to the local administration.
3. Waiting for a response from the municipality.
4. Signing an agreement to return the apartment back to the state.
5. Making changes to Rosreestr.
6. Concluding a new rental agreement for residential premises.

Pensioner Solovyova and her husband lived in a municipal apartment under a social tenancy agreement. Subsequently, the residents applied for privatization of housing and registered ownership of the apartment. 2 years later, Solovyova’s husband died. The woman was left alone, since the children had long grown up and lived in other cities.

Solovyova’s pension was barely enough to pay annual taxes, utilities and major repairs. The woman decided to cancel the privatization and submitted documents to the local Housing Department. Reason: death of a spouse and difficult financial situation; inability to bear expenses for a privatized apartment. The application was considered and soon granted.

The housing passed from Solovyova’s property back into the hands of the municipality. The pensioner entered into a rental agreement for an apartment and began to live in it under the same conditions. Housing costs have dropped significantly.

What information is included?

When drawing up such an application, the following information must be indicated:

• passport details of the citizen refusing to participate in privatization;
• address of the apartment in respect of which the process is being carried out;
• the reason for the refusal;
• consent to the privatization of real estate by other persons registered in the apartment.

Simultaneously with the refusal of privatization, consent is drawn up for this process to be carried out by other citizens who have the appropriate powers and rights.

○ How to refuse privatization of an apartment

The legislation on privatization does not contain a clear definition of refusal to privatize. At the same time, from a general sense, refusal of privatization should be understood as a duly certified voluntary expression of the will of a person who has the right to participate in privatization and gives consent to its implementation, to refuse to register ownership of a residential premises.

It should be noted that government agencies can refuse to privatize an apartment for several reasons, in particular:

• the citizen previously participated in privatization;
• lack of consent of all family members registered in the residential premises;
• the apartment or living space is in disrepair;
• apartments located in dormitories, service apartments, as well as those located in the buildings of closed military camps.

If the residential premises are not included in this list, then when registering a refusal of privatization, you should remember that in this case you do not refuse privatization, but give consent to its implementation and at the same time do not claim ownership of it .

In order to formalize a refusal of privatization, you should contact a notary office with a Russian passport and documents for the apartment. As a rule, the notary finds out all the circumstances that caused the refusal - this, for example, may be due to the desire to privatize another residential premises or the opportunity to take advantage of other benefits that allow improving living conditions (including within the framework of the Federal Housing program) .

It is possible to formalize the refusal of a minor tenant of an apartment in accordance with the Privatization Law only with the consent of the guardianship and trusteeship authority, but obtaining such consent is almost impossible. This, in particular, is aimed at protecting the housing rights and legitimate interests of children.

Duration and cost

The procedure for drawing up a document does not take more than one day, and 800 rubles are usually paid for this.

Direct privatization takes about two months. If any errors are found in the documents, the procedure may be delayed. In this case, citizens will have to prepare the necessary papers or make changes to any documents.

People who are participants in privatization must register ownership of the apartment. To do this, they pay a state duty in the amount of 2 thousand rubles. Refusal to transfer the apartment into the ownership of the residents may be due to the fact that the apartment is located in a dilapidated building or is not subject to privatization for other reasons.

Is it possible to withdraw an application?

Refusal from privatization is possible only on a voluntary basis, therefore, if a citizen decides to withdraw a previously written application, then there must be good reasons for this. You can revoke a document if a person changes his mind or his financial situation worsens, so he expects to receive some part of the real estate as his own.

You can withdraw an application only in a situation where the right of ownership of the housing has not yet been formalized by other participants in the process. Under such conditions, the procedure stops, and after that you will have to collect the necessary documentation again.

Is it possible to challenge?

If a person was forced to draw up a refusal, then he can challenge the privatization. The procedure can be performed with the help of a notary or in court. At the same time, it is important to have evidence that the privatization was actually carried out in violation of the requirements of the law or the rights of the registered person.

If the court takes the plaintiff’s side, then the agreement on the basis of which the apartment was transferred into the ownership of the applicants is declared invalid. Most often, claims are satisfied if the citizen can prove that he refused to participate in the process due to threats or blackmail.

Rights and obligations of the person who refuses

How to refuse privatization after privatization of an apartment? If all participants in the process have registered ownership, then it will not be possible to refuse to participate in privatization.

A citizen who has written an official refusal is entitled to the following rights:

• You can live in real estate for the rest of your life, and this right remains intact even if the owner of the apartment changes.
• A citizen may use common property, which includes the land plot where the building, stairs, elevators or other similar structures are located.
• If a person renounces his share, which was privatized by him, for which he draws up a gift agreement, transferring the property to another citizen registered in the apartment, then the deed of gift should indicate the opportunity to live in the property for the rest of his life.
• Other apartment owners cannot force this person out of the property, even in a situation where the citizen is declared incompetent.

But in addition to rights, a citizen is endowed with certain responsibilities. These include:

• the person is further obliged to pay for utilities;
• the living space must be maintained in optimal habitable condition and must not be deliberately destroyed;
• Residents must respect the rights and interests of other registered citizens, and also take into account the rules for the use of residential premises.

The final refusal to privatize housing cannot be changed or cancelled. It is impossible to challenge it without compelling reasons, so every person must approach such a decision responsibly. The procedure involves contacting a notary, and the specialist will definitely notify the client about what consequences of the decision he will have to face in the future.

Legal consequences

Before explaining the procedure for issuing a refusal, it is necessary to clarify the legal consequences of such a decision. Since the participants in a privatization transaction, as a rule, include members of the same family, when the refusal is issued, other close persons (for example, a spouse, minor children, etc.) will become the owners. In this case, the legal status of citizens will be determined as follows:

1. after making a decision to refuse to participate in privatization, the citizen will retain the right to permanent, unlimited use and residence in residential premises;
2. if ownership is registered in the name of only one spouse, the second partner will not be able to demand division of the apartment during the divorce process (although he will retain the right to use and reside);
3. refusal of minor citizens to participate in the privatization program is not allowed (this category of persons is given the right to re-participate in a privatization transaction after reaching adulthood).

Also on the topic: Claim for recognition as a family member (statement of claim)
Retention of the right to use living space after registration of a refusal of privatization is confirmed by the presence of registration at the place of residence. In this case, forced eviction of a tenant will be possible only in exceptional cases (for example, in case of violation of the rules of residence, damage to property, etc.).

For what reasons do citizens refuse to participate in a privatization transaction?

This decision is a free expression of will; coercion to perform such actions is not allowed. As a rule, there is the following reasoning for making such a decision:

• to simplify the privatization procedure when a citizen has difficulty collecting a complete set of documents (for example, when moving to another region, a number of certificates will have to be collected at the previous place of residence);
• to maintain the opportunity to participate in the privatization of another apartment (if the tenant refuses to participate in privatization, he will be able to re-register rights to another housing allocated from the municipal fund).

When applying for a notarial refusal, there is no need to indicate the reasons for such a decision; the notary is obliged to check only the legal capacity and freedom of expression. Also, the reasons for the decision are not indicated when contacting the municipal body that will draw up the privatization agreement.