In our article we will talk about a procedure called the abolition of privatization. In real life, it is extremely rare. Therefore, we will also consider all the features of privatization in Russia. The information presented below will be extremely useful to the entire adult population.
What should everyone know about these processes? What features of transactions should I pay attention to? Answers to these questions will be surely given below.
Definition
First you need to understand what privatization is. What is its meaning? This process involves the re-registration of property rights from the state to citizens. That is, this is the transfer of property (most often residential) to private ownership.
The essence of privatization is to provide citizens registered in the apartment with their own housing. This procedure also exempts the state from unnecessary responsibility for the maintenance of housing, as these responsibilities are transferred to the owners.
Privatization is free in Russia. But since 2017, some changes have come into force. And so you will have to pay for the operation over time.
The right to free privatization is given once in a lifetime. But it is restored if the person was a participant in the process before the age of 14. After 18 years, such people retain the right to privatization.
Who can contact?
Not every person can bring an idea to life. The thing is that privatization implies the transfer of property rights to property only to those who are registered in it.
In other words, only citizens registered in specific residential premises can apply for apartment re-registration. Adult residents or not is not so important. But usually among the participants in privatization there are still people who have reached 18 years of age.
Those not registered in housing cannot privatize it. This is a completely normal and legal phenomenon. Therefore, before translating ideas into practice, you will have to register at the place of residence. Temporary registration for participation in the procedure does not give rights.
About the pros
The pros and cons of privatization are diverse. Often, this transaction is considered on the positive side. It is with her that we will begin.
The advantages of privatization are as follows:
- receiving free housing;
- the possibility of complete disposal of the apartment;
- minimum costs for registration of property;
- obtaining rights to register and discharge citizens in privatized Living spaces;
- the possibility of redevelopment of real estate without additional paperwork;
- the emergence of property inheritance rights;
- upon recognition of the privatized apartment as an emergency, the owners shall be paid monetary compensation equal to the market price of the property.
But this phenomenon has its drawbacks. There are not many of them, but to some they seem significant.
About the disadvantages
What are the pros and cons of privatization most often? We figured out the positive aspects of the operation. But what about the flaws? Among the negative aspects of privatization are:
- obtaining responsibility for the maintenance of housing;
- problems with the implementation of ideas when living in the so-called communal apartments;
- losses caused by housing are covered by the owner of the property;
- significant paperwork when registering ownership of the apartment.
It is also worth highlighting the impossibility of privatization if one of the residents is against this operation. You can write a refusal to participate in the process. Then the citizen will remain a tenant, but will not have property rights to housing.Often people do not fill out refusals and do not agree to participate in the procedure. And so you can completely forget about the renewal of property rights.
Clearance process
And how to privatize housing? To do this, you must act according to the instructions. It looks like this:
- Take the initiative and offer tenants privatization.
- Collect dissenting refusals from participation. These documents must be certified by a notary.
- Prepare a package of papers required for the implementation of the process. Their list will be presented below.
- Apply for privatization.
- Wait for a response to the request.
- In case of a positive decision, conclude a privatization agreement.
- To re-register ownership of property.
It would seem nothing difficult or incomprehensible. But the mentioned operation, as we have already said, is accompanied by considerable paperwork. We’ll talk about it further.
About paper preparation
Privatization will be carried out only if there is a certain package of documents. Otherwise, citizens will be refused. And if the transaction is still held, then the privatization can be canceled in court. Fortunately, this alignment is rare.
What documents will be required for privatization? These include:
- identity cards of applicants;
- statement;
- refusals to participate in the procedure;
- an apartment warrant;
- social contract of employment;
- certificates from the BTI;
- extracts from the personal account of the apartment;
- cadastral passport;
- extracts from the USRN;
- technical passport of real estate;
- documents confirming registration.
With the participation of minors, parental consent is additionally required. To exclude children after 14 years from the list of privatization participants, they ask permission of the guardianship authorities.
About cancellation
Cancellation of privatization of an apartment is a very real operation. But in practice, we repeat, it is extremely rare. In reality, the following situations are possible:
- full privatization by agreement of the parties;
- cancellation of an illegal transaction;
- abandonment of property in case of improper distribution of shares.
The main problem of canceling privatization is the proof of the need for a deal. After all, privatization by agreement of the parties is almost never encountered. Therefore, you have to go to court.
Action algorithm
How exactly to realize an idea? There is no exact algorithm of actions. But some guidelines will help you deal with privatization. This operation can be represented approximately as follows:
- Make a statement on privatization. It must register real estate data.
- Collect papers on the apartment.
- Contact local authorities with a request for privatization.
- Wait for an answer and conclude an agreement.
When privatization by agreement of the parties, citizens usually sign a contract of a standard form with a notary. And only then they turn to local authorities.
About partial cancellation
Partial cancellation of privatization is carried out in court. As a rule, in this case, the previously used principles of the division of housing are canceled. And new fundamentals, legal and correct, come into force.
The lawsuit is filed in accordance with previously proposed principles. The main thing is to prove the errors in the distribution of shares between homeowners. Otherwise, the operation will be refused.
Illegal transactions
Cancellation of privatization results before or after inheritance is an operation that many are interested in. Unfortunately, only homeowners can realize the task. And currently, such procedures are not found.
But you can cancel the privatization procedure because of its illegality. In this case, there is a complete cessation of property rights to housing. It is necessary to go to court and prove that the transaction was executed due to a delusion or other violations of the law.
Practice
The abolition of privatization as such is rare.In practice, refusals to participate in the process are most often disputed. For example, if a more competent apartment tenant inclines the rest of its inhabitants to refuse to participate in privatization.
Usually to solve a problem it is enough to go to court. But citizens can face a number of problems. For example, you have to prove the fact of misrepresentation or deception.
Summary
There is no law abolishing privatization in Russia. The thing is that citizens can privatize the housing in which they are registered. But since 2017, new amendments entered into force. They, as we have already said, cancel the free conclusion of a privatization agreement.
Most often, you do not need to think about canceling the mentioned process. After all, home ownership has more pros than cons. But by law, the owner can dispose of his property as he wishes. And the abolition of privatization is also available to him.