The procedure for transferring privatized housing into municipal ownership

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The process of deprivatization of residential premises involves the transfer of housing from the private property of its owner to municipal property.

After such a deprivatization procedure, the former owner of the apartment, according to the law, loses the right to re-privatize the relevant housing, and also loses the right to conduct any transactions with the deprivatized real estate in addition to legal transactions relating to the exchange of housing.

The federal law, which allows Russian citizens to privatize residential real estate free of charge, has been in force in the country for more than twenty years. During this period, many apartment owners managed to take advantage of the granted right and register their housing as private property.

However, over time, some homeowners decided to exercise the right to reverse deprivatization of the apartment, after which the status of the owner changes to the status of a tenant, formalized by a social rental agreement.

Reasons for deprivatization of housing

The most common reasons for the deprivatization of apartments by Russian citizens today are the following motivations and grounds:

reduction of annual real estate taxes. According to the new legislation, the tax on residential apartments will be calculated starting from 2020 taking into account their market value. As a result, homeowners' annual payments will increase significantly. Tax changes will especially hit low-income families and other socially vulnerable categories of citizens;
reduction of monthly costs for utility bills due to the partial exemption of the tenant from paying for capital repairs, since since 2013 Russian legislation has established the obligation of the municipality to make partial payments for capital repairs for social renting;
potential opportunity to improve and (or) increase living space. Such opportunities arise for the tenant, for example, when moving out of dilapidated apartments. Thus, if a citizen does not own housing, if he lives in a dilapidated apartment, Russian federal programs allow for the possibility of relocating social tenants to a new living space. Under this program, new residential premises are provided for the residence of citizens displaced from dilapidated housing, and the area of the apartment provided is determined based on the number of residents who will live in this apartment in the future. Accordingly, in the absence of ownership rights to existing housing, it is possible to obtain not only new, but also significantly larger residential premises;
the inability to take away someone’s living space by fraudulent means. According to the current legislation in Russia, residents of municipal apartments who do not own privatized real estate cannot be evicted. In addition, purchase and sale transactions and donation procedures cannot be carried out with such municipal housing, since it belongs to the municipality.

Despite all the listed advantages, the consent of the homeowner to the voluntary deprivatization of his apartment and, accordingly, his renunciation of ownership rights to residential real estate must be carefully considered, since re-privatization is impossible .

Is it possible to deprivatize an apartment?

Info

In exceptional cases, the law gives the right to exceed the stipulated time limits. Judicial alienation of real estate into state ownership allows you to re-participate in free privatization of housing.

Existing restrictions It will not be possible to transfer real estate of the following categories to the municipal fund:

Legally encumbered.
Passed into ownership by inheritance or gift.
Having unauthorized redevelopment.
Passed through sales and resale procedures.
Departmental housing.

The tenant has no right to sell, donate or inherit a municipal apartment. However, he can exchange housing for another option from the city fund.

The delivered object is permanently removed from the privatization fund.

Conditions and acceptable methods of deprivatization

The legislation addressing the issue of returning housing to municipal ownership states that low-income citizens who previously privatized housing before March 2007 have the right to transfer the corresponding housing that belongs to them on the basis of property ownership to the municipality or the state.

At the same time, municipal (state) bodies are obliged to accept the transferred housing by concluding a social rental agreement for the corresponding living space with the previous owners of the apartment.

Deprivatization of residential real estate by Russian citizens is allowed subject to 2 conditions:

this housing should be the only place for permanent residence of the former owner;
the apartment subject to deprivatization must be free from any legal obligations. Accordingly, it is impossible to transfer ownership of housing that is collateral under a loan agreement to the municipality. It is also impossible to deprivatize an apartment if the owner has rent debts. In these cases, the owner must first pay off rent arrears or pay off the existing loan, that is, free the transferred property from all existing obligations and encumbrances.

There are two ways to deprivatize residential premises:

through the court, declare the agreement to transfer ownership of a privatized apartment invalid;
voluntarily enter into an agreement to transfer housing into municipal ownership.

Provision of housing under social rental agreements

Information on registration at the place of residence (form No. 9), including archival ones, if the specified information is available in the City Information Database “Population. Housing stock."
Characteristics of the occupied residential premises (form No. 7), if the specified information is available in the City Information Database “Population. Housing stock."
Documents confirming information about the cadastral value of land plots owned by the applicant and his family members, received from the territorial bodies of Rosreestr (in the case of applications from citizens specified in clause 1 of the “Applicants” section).
Documents confirming that the citizen is registered as needing residential premises or registered as needing assistance from St. Petersburg in improving housing conditions (for citizens registered as needing residential premises or registering as needing assistance from St. Petersburg in improving housing conditions ).
Documents confirming the grounds for ownership and use by the applicant and members of his family of occupied residential premises, if the right is registered in the Unified State Register of Real Estate, or in relation to residential premises of the state housing stock of St. Petersburg, including the five-year period preceding the application (in the case of citizens applying specified in paragraph 2 of the “Applicants” section):
agreement on the development of the built-up area;
agreement on the transfer of residential premises.
Documents containing information about the income of the applicant and his family members for the twelve months preceding the application (in the case of applications from citizens specified in paragraph 1 of the “Applicants” section):
information from the regional Employment Agency of the St. Petersburg State Autonomous Institution “Employment Center of St. Petersburg” on the amounts accrued to the citizen (for non-working citizens);
Information from documents containing information about the composition of the applicant’s family: information from the birth certificate, information from the marriage certificate, if the documents were issued in St. Petersburg.

Judicial deprivatization of residential real estate

This method of returning housing to municipal ownership was used quite often until recently, when there was no legally regulated opportunity to carry out the appropriate procedure without a trial.

Currently, when a more convenient and simpler voluntary procedure for the return of housing to the municipality is available, judicial deprivatization usually occurs only if there are some violations in the legal agreement on the privatization of the relevant residential premises.

The privatization agreement is declared invalid by the judge on grounds arising from the requirements of the Russian Civil Code (Articles 168-171, 176-179). Such violations, for example, may include the lack of the right of a certain person to participate in privatization.

Another common basis for the deprivatization of housing in the Russian Federation through the courts is the completion of a civil law transaction with this housing under the influence of a misconception, which is essential for understanding the meaning of the transaction (Article 178 of the Civil Code of the Russian Federation).

It is possible to challenge contracts in court if there is a proven influence on a party to the transaction through violence, deception or threat.

The judicial method of deprivatization takes much more time and, accordingly, the efforts of the interested party than the voluntary procedure for returning the premises to municipal property, since the plaintiff needs to prove that the privatization agreement was concluded in violation of civil law.

In addition, in practice, in similar cases, the courts have made opposite decisions, so there is still no guarantee of deprivatization of an apartment in court, despite the extensive judicial practice.

Who can do it

The following persons have the right to participate in the privatization process:

persons who live in an apartment and have a residence permit;
these must be citizens of the Russian Federation;
family members of employers;
the object should not have previously participated in privatization.

It should be remembered that you can privatize several apartments, but you cannot privatize one apartment several times. Then the first thing you need to do is terminate the social tenancy agreement of your previous home.

Registration of transfer of a privatized apartment to the ownership of the municipality

To formalize the voluntary transfer of housing into the ownership of a municipal entity, citizens who are the owners of the relevant residential premises submit the following documents to the authorized body:

Title documentation for privatized housing (title agreement, registration certificate);
Documents confirming the absence of any restrictions (encumbrances) on the residential premises subject to deprivatization;
Extract from the house register;
Floor plan with an explication of the transferred residential premises;
Identity cards of home owners who wish to transfer previously privatized residential premises into ownership to the municipality;
Receipt of payment by the applicant of the registration fee.

The agreement between the municipal body and the owner of the housing transferred to the municipality is subsequently subject to mandatory state registration.

After the procedure for registering the transfer of rights, the authorized municipal body prepares a social tenancy agreement with citizens permanently registered in a given residential premises, including former owners, if they do not have other residential space under the right of use.

It is explained to all citizens participating in the deprivatization of housing that they do not have the right to repeat the privatization procedure.

The process of privatization of municipal apartments by citizens

If the apartment is inhabited by persons no older than 14 years of age, then such housing can be privatized upon a written application from representatives by law or persons equivalent to such. The initiator can also be the guardianship and trusteeship authority. If minors are over 14, but have not reached 18 years of age, then they can draw up an application independently with the consent of the above authorities and persons.

Consent of all other tenants of the apartment. It must be received in writing before contacting the housing authority authorized on this issue. It is not necessary to obtain the consent of those who do not live in the apartment for a long time. For example, if there is evidence that citizens moved to another place and took root there: they found employment in another region and have been living at a different address for a long time.
Writing an application to the local government authority. Having received the written consent of all tenants living in the apartment, a citizen who wishes to become the owner of his share must submit a corresponding written application to the local administration. This statement is necessary to confirm your desire to be the full sole owner yourself prior to placement. Today, the most convenient way to submit documents for privatization is to contact the “One Window” service at the MFC. The application must be accompanied by:

consent to privatization, written by all other tenants;
agreement on renting this apartment on a social basis (agreement with the municipality);
registration certificate of this residential premises;
information from the house register (extract);
identity document (citizen's passport).

Consideration of the application and decision-making by the authorities. The law provides for 2 months during which the local administration makes a positive or negative decision. Exceeding this period is a violation on the part of the authorities and gives citizens the right to file a complaint with higher authorities, including filing a claim to protect their rights in court. However, this period may be extended in exceptional cases specified in the law.
Registration. The last step is to enter data into the Unified State Register and receive the corresponding document in the hands of the new owner: a certificate. Rights can be registered only on the basis of a positive decision issued by the municipality to a specific person regarding the privatized apartment.

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Deprivatization of a share in an apartment

Deprivatization of shares has a number of features. First of all, for such a procedure it is necessary to obtain the consent of all owners of the property.

It is impossible to oblige any of the owners to give such consent to the deprivatization of an apartment that is in shared ownership, and, accordingly, to renounce their powers as an owner, and without this it will not be possible to transfer the housing into municipal ownership. If at least one share owner does not agree with the planned deprivatization, it will be refused.

If there is consent to return the apartment to the ownership of the municipality of all owners of housing shares, the further procedure for deprivatization of shares takes place in the general manner regulated by Russian civil legislation.

Transfer of residential premises to non-residential premises

The procedure for registering a land plot with cadastral registration

Features of mortgages in the secondary housing market

Rules for living in a communal apartment

Cadastral value of an apartment - valuation methods

How to expel a person from an apartment without his consent

Decision of the Council of Deputies of the Dmitrovsky District of the Moscow Region No. 6

6. In the event of transfer of the housing stock, which belonged under the right of ownership of the Russian Federation or constituent entities of the Russian Federation, in the prescribed manner to the municipal housing stock, citizens who privatized the residential premises located in it have the right to transfer them to municipal ownership in the manner determined by these Regulations.

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6. Within a period of up to one month from the date the owner (co-owners) submits an application and submits all necessary documents, the municipal institution “Dmitrovsky Department of Accounting, Housing Privatization and Subsidies” prepares a draft decision on accepting residential premises previously privatized by citizens into municipal ownership of the Dmitrovsky District.

Comments (13)

Margarita|
2015/12/21 in 1991, my husband received a 3-room apartment from the organization. sq. in 57 sq. m. in the name of the husband. Subsequently, my husband and I privatized it, but in my name... throughout the entire time we did not perform any actions with our apartment, such as buying and selling or renting out or anything else. suddenly yesterday I received a call on the phone and they said that our apartment is being transferred to the municipal category and it is necessary to bring a warrant and a copy of the warrant and a document confirming the presence of registration of all family members in this apartment. ON WHAT BASIS CAN THESE ACTIONS OCCUR AND IN WHAT CASES DOES THE STATE HAVE THE RIGHT TO DEPRIVE ME OF PRIVATIZATION? admin| 2015/12/30 Hello Margarita! The completed privatization can only be challenged in court on the basis of a court decision. That is, in your situation, the organization that provided the apartment should have gone to court. To fully analyze the situation, it is necessary to study the statement of claim and the grounds listed in it for canceling privatization. If there is no statement of claim to the court to invalidate the privatization, then the current situation directly contradicts the current legislation.

TatyanaZ| 2016/02/02 If you have a certificate of ownership of a privatized apartment, then you have nothing to worry about.

Alexey| 2017/07/28 Hello. Can the ownership share of an apartment be deprivitized?

admin| 2017/08/07 Hello Alexey! Yes it is possible. You need to submit a corresponding application to the administration. You can also deprivatize your share in court.

Natalya| 2017/09/18 Hello! Please tell me, is it possible to privatize a room in another place after deprivatizing your share of the apartment?

admin| 2017/10/02 Hello Natalya! Unfortunately, after the procedure for deprivatizing an apartment, it will not be possible to re-exercise your right to participate in privatization, since only persons who have not previously participated in privatization can privatize property. Since you participated in privatization and consciously made the decision to deprivatize, you will no longer be able to re-privatize any property.

Valeria| 2018/02/02 Hello! Please tell me! One of the owners of the apartment privatized it in 1993 and sold it to another person (2002). Who sold it to my great-grandfather in 2004. My great-grandfather left a will in my name. My great-grandfather recently died and the owner’s son was immediately found, who privatized the apartment. He claims that the privatization was invalid and he will sue part of the apartment! I just opened an inheritance case. What should I do in this situation?

admin| 2018/02/13 Hello Valeria! At the moment, the only way to cancel a completed deal is through a court order. In addition, the applicant of such a claim will have to prove that he has not missed the statute of limitations, namely, from what moment such a person learned about his violated right (that is, about illegal privatization). You should not worry at the moment as long as there is no appeal to the court and the trial on this issue has begun. You can prepare a defense position and check the validity of the claims in the claim after registering the case in court. As long as there are no claims and a court case, your worries are groundless.

Elena| 2018/05/12 Hello! My husband refused privatization in favor of his mother-in-law. But now she is literally surviving us. I can’t register with my husband because she won’t even give me temporary registration. I can't get a job. She doesn’t pay the rent; her husband pays entirely. And this is 11-12 thousand rubles per month. This is significant for us. Is it possible to deprivatize the apartment back, allocate a share, or divide personal accounts? Is it possible to recover from her the money spent on paying bills for several years? We end up paying everything (the bills for the apartment, the replacement of all the windows in the three-ruble rent, and the funeral of our brother) and she makes our life unbearable and tries to kick us out. Tell me what should we do? And is there a chance to return my husband’s share?

admin| 2018/05/24 Hello Elena! Deprivatization of residential premises is carried out only with the consent of the person who formalized the privatization. In your situation, your spouse may file a lawsuit to remove obstacles to the use of residential premises and determine the procedure for using the residential premises. In addition, you can recover in court the utility costs you incurred for your mother-in-law for the three years preceding the date of filing the lawsuit.

Ivan| 2018/10/17 Hello! Please tell me. I am not the first owner of this apartment and privatization took place quite a long time ago. If I am the owner, but I had nothing to do with the privatization of this residential premises, can I complete the deprivatization procedure??

admin| 2018/10/30 Hello Ivan! Unfortunately, you do not have the right to deprivatize an apartment, since your basis for acquiring ownership rights is not an agreement on the gratuitous transfer of ownership of apartments, but a purchase and sale agreement. The right to deprivatize is only available to the person who received ownership of the apartment through privatization, that is, the first owner of your apartment.