Cancellation of apartment privatization

Privatization is a popular legal procedure used by millions of people every day. Accordingly, there are often cases when there is a need to cancel privatization and terminate the contract.

It is important to remember that the free right to transfer housing into ownership according to the law is given only once.

Therefore, if after the cancellation of privatization after some time you decide to register the same object back into ownership, you will have to pay for it.

Reasons for canceling apartment privatization

So, the privatization of residential premises can be canceled for the following reasons and in the following cases:

• cancellation at the request of the owner (if there are several owners of residential real estate, then by mutual agreement of the parties and the statement of all owners);
• cancellation of an illegal procedure;
• partial deprivatization with incorrect distribution of shares between participants.

If you have the first situation and you want to deprivatize your residential real estate, then, in accordance with paragraph 2 of Article 209 of the Civil Code of the Russian Federation, as well as the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” (in particular, Article 9.1 ) and the Federal Law of the Russian Federation dated December 29, 2004 “On the entry into force of the Housing Code of the Russian Federation” (Article 20), you can dispose of real estate that you own at your own discretion. Consequently, in order to cancel the privatization of a real estate property, you need to go to the local government and write a corresponding application, which will indicate the object of deprivatization.
If you have the second case, i.e. If you are faced with an illegal procedure and want to cancel it, then you will need to indicate a significant reason for this. For example, in a situation where several people are registered in one apartment, the law requires registration of ownership of the premises in equal shares. Under these conditions, there is often a need to privatize real estate for only one owner, and for this it is necessary to obtain from everyone else a waiver of their share. Often this point is neglected, simply by forging the consent of the other people registered in the apartment, or by obtaining it dishonestly. Proof of such facts may serve as a basis for invalidating the privatization of a given residential premises.
In the third case, when the shares of the privatized apartment were not distributed among the participants in equal shares, partial (incomplete) deprivatization of the residential premises is carried out. This procedure is carried out through the court, and subsequently re-privatization is carried out in accordance with all rules and regulations.

Theory and practice of abolition of privatization

In any case, termination of the privatization agreement is possible only by a court decision or by agreement of the parties (for example, at the request of all owners of the apartment, i.e., subject to their mutual consent, the apartment can be deprivatized without court). To restore a citizen’s right to privatize housing, he must enter into an agreement on the invalidity of the transaction with the other party. However, most often, the organizations in which the initial documents were drawn up do not have the right to conclude such an agreement, as a result of which the issue will have to be resolved with the former owner of such a property.
When mutual consent of the owners is unattainable, you can try to get the privatization of the apartment canceled through the court, which will decide in your favor if it is proven that the agreement was concluded illegally. The basis for this may be the conclusion of a contract under the influence of delusion, threat, deception, health status, i.e. in cases where a person does not understand his actions and cannot manage them.
In accordance with the law (in particular, Article 167 of the Civil Code of the Russian Federation), an invalid transaction does not entail legal consequences and each party is obliged to return everything received during the transaction. When privatization is declared invalid, all subsequent transactions with this property are also recognized as such.
A transaction for the privatization of an apartment concluded under the influence of a mistake may be declared invalid. But it should be remembered that only a misconception recognized as significant can be considered the basis for cancellation by a court decision, while the law does not establish in which cases a misconception is considered significant, so this is established by the court in each specific case. The term “misconception” itself is used in civil law to denote the concept of a person’s misconception about the transaction he is entering into.
Thus, the misconception regarding motives is not essential. For example, if a person privatized an apartment with the expectation that he would be able to sell it profitably, and then was unable to carry out his plans, then the claim filed by him to cancel the privatization of the apartment due to the conclusion of the transaction under the influence of a mistake will not be satisfied. A material misconception is usually recognized as a misconception about the parties to the transaction, about its legal nature and about the very subject of the contract.

Persons who received an apartment as a result of privatization can freely dispose of it. In addition to various transactions with housing, they have the right to return it back to the state or municipal authorities, refusing privatization.

General rules

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Termination of an agreement on the transfer of state property into the ownership of citizens (hereinafter referred to as deprivatization) involves the implementation of a process in which residential premises are returned to the ownership of the state.

To return the premises, certain essential conditions must be met:

• the object must be free from debt obligations and encumbrances;
• the entities that initiate the termination of the contract must be its actual owners;
• the process can only be carried out during the period of validity of the state program;
• real estate was obtained only as a result of privatization;
• the apartment is the only place where people live.

The grounds for canceling privatization may be:

• voluntary decision of all participants in the procedure;
• presentation of demands from other interested parties.

At the same time, they amount to a violation of the interests of the parties to the transaction who have the right to use the living space, or their exclusion from the process, despite the need for their presence for the legality of the procedure.

After the procedure is completed, the owner loses all rights to the apartment and ceases to be its owner. In addition, he will not be able to participate in the social program again, since he has already exercised his right to receive his own housing from the state.

What are they regulated by?

The procedure for carrying out privatization in 2019 is regulated. Article 9.1 provides for the possibility of returning residential premises from the owner’s possession to government agencies. At the same time, it does not have the right to refuse to accept property onto its balance sheet or to refuse to conclude a new social tenancy agreement.
The procedure for concluding a hiring agreement is established by Article 8 of the Housing Code of the Russian Federation.

Judicial practice is based on the provisions of the Resolution of the Plenum of the World Federation of August 24, 1993, as well as reviews of the Presidium of the Armed Forces of the Russian Federation.

Causes

The reasons for making such a decision may be family circumstances, measures to protect one’s own interests, or the financial side of the issue. In addition, the privatization of an apartment can be canceled if cases of violation of the rights of the parties are identified.

Currently, the most commonly used motives are:

• increase in property tax amounts;
• increasing the amount of compensation for utility bills;
• the possibility of improving living conditions in communal housing and more.

You can use and cancel it only once in your life. At the same time, minors can undergo this procedure twice: before they reach adulthood and after.

The initiator can be any person who previously took part in obtaining ownership of such premises.

Independent

Voluntary can be carried out upon the agreed request of the parties to the transaction with a request to again accept the apartment into state (municipal) ownership and enter into an agreement on social rent.

Forced

Possible legal action regarding the conduct of a procedure in violation of legal requirements. This may concern cases of privatization using forged documents or without obtaining the consent of all residents of the apartment.

Procedure

Depending on the type of deprivatization, the sequence of actions will vary. The voluntary form provides:

1. Preparation of the necessary documentation.
2. Drawing up a petition for the procedure for returning housing to the state.
3. Sending the established list of documents to the authorized government body and waiting for a response letter. After registering the application, the institution’s employees issue a receipt confirming their acceptance and check the information provided in the package.
4. Signing an agreement on the return of the privatized apartment to the administration. Done within two months from the date of submission of the application.
5. Entering into a re-occupancy agreement for the premises.

The entire procedure is performed free of charge.

Required documents

To carry out the process you will need to provide:

• civil passports of applicants;
• title documentation (extract from the Unified State Register and privatization agreement);
• a certificate confirming that the property has no encumbrances or debts;
• application for abandonment of residential property;
• permission to carry out the deprivatization process;
• an extract about people registered in the apartment;
• certificate of payment of property tax.

Recognition of privatization as illegal

There are cases when it is quite difficult to refuse privatized housing. The initiators of the termination of the contract can resolve the situation through the court.

Going to court

Submitting an application must be accompanied by a presentation of the validity of the appeal, since the court can satisfy the demands of the applicant only if there are grounds for the forced return of housing and the facts presented by the plaintiff are well-reasoned.

The court is asked to declare the privatization agreement invalid.

Statement of claim

The form and content of the document must comply with the requirements of procedural legislation and include information about:

• name of the judicial authority;
• plaintiffs and defendants;
• about the circumstances due to which the conflict arose;
• the applicant's requirements;
• signature of the applicant and date of drawing up the document;
• list of documents attached to the application.

All circumstances of the case set out in the claim must be supported by evidence.

Consequences

The privatization process may be declared invalid if violations are discovered during its implementation. If the court satisfies the plaintiff's demands, all legal consequences of the transaction will be canceled. Residential property is returned to the municipality or state, and citizens have the opportunity to rent housing.

It should be noted that the court will only take into account the basis on which the claims are based. If there are several reasons, all of them must be stated in the application.

Arbitrage practice

An analysis of the activities of the courts shows that they rarely overturn the results of privatization. Since it will be necessary to invalidate not only the procedure and agreement, but also to protest the municipal resolution. To make a qualified decision, you will need to collect significant evidence and obtain serious legal support.

Often the plaintiffs are citizens who have discovered gaps in the process and demand that it be cancelled. Although the courts most often challenge not privatization itself under the influence of misconception, but from it.

The most common situation is when family members take advantage of the illiteracy and advanced age of an elderly person and persuade them to sign a waiver of privatization, which automatically deprives him of his rights to housing. In this case, it is possible for this person to file a lawsuit in court demanding that his refusal be declared invalid, since it was made due to a mistake.

Over the past six years, the question of stopping the privatization of residential premises has constantly arisen. At first it was announced that free privatization would be completed by March 2010, then the deadline was pushed back to March 2013, then to 2015, and even to 2016. The last time the end of privatization was dated March 1, 2017. But will it be prohibited to privatize municipal real estate?

#1 It is not profitable for the state to hold housing on its balance sheet

Every year the costs of maintenance, operation and major repairs only increase. An ordinary three-room Khrushchev apartment with an area of ​​55 square meters. m with a family of five registered in it can “consume” up to 10 thousand rubles. per month for the listed list of services. With such significant overhead costs, it is certainly more profitable to place the burden on the owners’ pockets rather than pay from local budgets. And this is the first reason why we should not wait for the privatization procedure to be curtailed.

#2 Replenishing the budget with an apartment tax

The personal property tax introduced in 2015 burdened all Russian citizens to fork out money to the state for owned housing. The tax is calculated based on the cadastral value, which is close to the market value, and sometimes significantly exceeds it. For example, in Moscow it is 0.1% of the cadastral value of an apartment up to 10 million rubles, 0.15% for a cadastral price from 10 million to 20 million rubles. and so on. Thus, only one average “three ruble” in the capital is capable of annually increasing the budget by 22.5 thousand rubles. (RUB 15 million x 0.15%). Will the state refuse to add such additions to its own treasury? Hardly. Let me remind you that municipal real estate is not subject to tax. And this is the second reason not to abandon privatization.

#3 Housing management is expensive and uninteresting

The Housing Code (Section 8) provides for the obligation of owners to participate in the management of apartment buildings and the adjacent territory. Such management requires the expression of the opinions of homeowners at general meetings, HOA meetings, verification of the legality of decisions made and their implementation, participation in judicial and prosecutorial proceedings when identifying signs of an offense, and much more. If there are municipal areas in an apartment building, the provided obligations are assigned to state and municipal authorities, which leads to an increase in their staff by individual specialists. However, the staff can be reduced and the costs of specialists reduced if there is no longer a need to manage numerous houses. And that is why it is beneficial for the state to transfer it into the hands of the owners, for which privatization cannot be closed, and this is the third reason.

#4 Disposal of real estate is an inexhaustible source of state income

Only home owners are authorized to dispose of it - sell, exchange, donate, rent, etc. And all of the above transactions are subject to tax. When selling or donating, owners are required to pay 13% of 70% of the cadastral value of the residential premises. So, if the real estate being sold is valued at 20 million rubles, the seller will have to contribute 1.8 million rubles to the budget. (RUB 20 million x 70% x 13%). The rental business is also designed to constantly replenish the treasury by the same 13% of all rental payments. The state is unlikely to agree to deprive itself of such a feeding trough, which municipal housing is unable to provide. And this is the next reason to support the decision to endlessly extend the privatization of apartments.

#5 We distract from politics with everyday disputes

In order for the population to get involved in politics less, they need to be distracted with something. And the best way is to redirect the interests of society to the sphere of solving smaller and insignificant tasks, such as the tasks of managing the common property of apartment buildings and the surrounding area. Who will repair the roof and plumbing, how much money to collect from each resident for security, how to use basements and attics, who to hire to clean the area - these and many similar questions can occupy absolutely all the free time of the owners. If we add to this constant litigation within HOAs and management companies, then some residents have to quit their jobs in order to solve problems that arise. As a result, property owners deal with everyday issues and do not get involved in politics, and the state feels calm and protected.

#6 Extra housing for municipalities is an unnecessary burden

The state needs municipal space for only one purpose - to provide it to people on the waiting list. At the same time, if we consider that since 2005, the conditions for placing on the waiting list for housing improvement have become so strict that it has become almost impossible to be in need, the number of square meters required for this task has decreased significantly. Their volume is quite sufficient when allocated by developers in exchange for land for construction provided by administrations. In addition, municipal housing is “replenished” after the death of single people, whose property is transferred to the state as escheat property. It is not profitable for the state to keep it on the balance sheet if there is no one to provide it to - such housing requires constant expenses and does not contribute to the budget. And this is the last - sixth - reason, indicating that the privatization of housing is needed more by the state than by its citizens, and therefore the government will not cancel it.

Privatization considered illegal and subject to cancellation on the following grounds:

Start the process of challenging privatization by filing a lawsuit possible if at least one of the above conditions is met. The regulations for carrying out this procedure are contained in Article 209 of the Civil Code of the Russian Federation, as well as Article 9.1 of the Law “On the privatization of housing stock...”.

Civil Code of the Russian Federation Article 209. Contents of property rights

1. The owner has the rights to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way.
3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

Law “On the privatization of housing stock in the Russian Federation” Article 9.1.
Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer the residential premises belonging to them by right of ownership and free from obligations into state or municipal ownership, and the relevant executive authorities, local government bodies or persons authorized by them are obliged to accept them into property and conclude social rental agreements for these residential premises with these citizens in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local governments of the relevant municipalities.

Cancellation initiators

How to sue a privatized apartment? The conclusion of the contract can be challenged individuals and government bodies. The following may file a claim in court:

Particular attention should be paid to situations where privatization agreements are disputed regulatory authorities or legal entities.

According to the privatization document, real estate is transferred free of charge from one owner to another. In this regard, the party transferring the property must have the right to dispose of it.

The following have the right to conclude agreements on behalf of legal entities:

• local government bodies;
• state unitary enterprises;
• municipal unitary enterprises;
• various organizations and departments on whose balance sheet the building is located.

The person signing the agreement must have powers secured by instructions, orders, resolutions or other documents, confirming the ability to conclude transactions with real estate.

Especially you should approach the design carefully in the ownership of departmental and real estate on the balance sheet of state unitary enterprises and municipal unitary enterprises.

The apartment to be registered as a property must be included in the list of buildings that are subject to privatization.

Read our articles about the features of apartment privatization.

Is it possible to challenge the privatization of an apartment?

Challenging algorithm

Is it possible to cancel the privatization of an apartment? Privatization is a transaction between two parties.

Therefore, challenging it is a requirement to cancel the transaction, that is prohibition of illegal acquisition any person's ownership.

If a citizen believes that the contract has grounds for its cancellation, he must declare this, attaching the appropriate proof.

How to challenge the privatization of an apartment? First of all, you need to decide on the subject of the claim filed in court. Having decided on this issue, you should file a claim at the defendant’s place of residence.

The statement of claim must contain the following items:

1. “Caption” containing the name of the judicial authority and information about the applicant.
2. Title – indicates the subject of the claim.
3. Statement of the essence of the claim with a description of the circumstances of the case. In this part, it is necessary to indicate the grounds for challenging the transaction with references to the violated norms of the law.
4. A list of the consequences of the illegal transaction of illegal privatization of the apartment.
5. Requirement about . This paragraph should begin with the words “please,” located in the center of the sheet.

Their requirements should be supported by legal norms that are violated during the transaction process.

6. List of supporting evidence for the application.
7. Applicant's signature, date.

The date on the application must match the one that appears on the list of incoming documents in court.

You can find out whether it is possible to privatize a room in or in an apartment from our articles.

What happens after?

If the court finds the claim to cancel privatization justified and accepts the evidence presented, the transaction will be declared invalid ().

After the privatization of the apartment is declared invalid, it will again become the property of the state, and the owners will become tenants.

However, the court does not always decide to completely cancel the privatization agreement. Often in the process of considering cases, the court concludes that the contract does not meet all the requirements and that it needs to be re-signed.

This outcome of the case arises when the applicant demands include him among the owners of the premises. The court makes a decision to amend the contract, which is not canceled, but renegotiated on new terms.

Having received a court ruling (after 10-14 days), the former owners will have to contact the local government and conclude a new social tenancy agreement. Moreover, if there are persons who were illegally evicted from the apartment, their registration must be restored.

After the privatization agreement is declared invalid, persons who previously participated in it have the opportunity to again exercise their rights. Under these conditions they can participate in re-free privatization of this living space. An agreement can be concluded only if the violations that served as the basis for challenging the transaction are eliminated.

You can learn how to achieve this from our article.

Changing the terms of the concluded agreement

How to change the conditions for privatization of an apartment? There are cases when complete invalidation of a privatization agreement is not required. There is only a need to change some of its points. The agreement in this case declared partially invalid and requires re-conclusion with the changes made to it.

The reasons for declaring a contract partially invalid and making amendments to it may be the following:

Is it possible to change the privatization of an apartment? In such cases, it is permissible to resolve the issue at the administration level, without involving the judiciary.

Exceptions are those cases when the organizations that own the premises are liquidated and it is not possible to renew the contract with them. In this case Partial change of the contract can only be done through the court.

Solving the issue of partial changing the terms of the contract pre-trial is possible only upon obtaining the consent of all parties to the transaction. If one of both parties objects to the changes, they will have to act through the courts.

To partially change the terms of the contract, all parties to the transaction must submit an application to the authorities that executed the contract. Previously prepared document. Cancelled and a new deal is concluded with changes. The parties again go through the procedure of signing the agreement, then the previously issued Certificates are “cancelled” in Rosreestr and new title documents are drawn up.

Time limits for challenging a contract

What is the statute of limitations for housing privatization? When is it permissible to challenge a contract? Regarding the issue of the limitation period for challenging a privatization agreement, an important point should be taken into account.

The calculation of the period begins not from the moment of execution of the void transaction, but from the time when the interested person became aware of a violation of his rights.

The new edition of the Civil Code of the Russian Federation dated September 1, 2013, in Article 181, establishes the limitation period for applying the consequences of invalidity of a transaction at three years.

At the same time, the limitation period for the privatization of an apartment for a person who is not a party to the transaction must not exceed 10 years from the beginning of its execution.

If the opposing party does not declare motion to skip the statute of limitations, termination of the contract can be carried out without taking into account the statute of limitations. In exceptional cases, the court may recognize the reason for missing the deadline as valid and consider the case after three years.

Civil Code of the Russian Federation Article 181. Limitation periods for invalid transactions

1. The limitation period for claims to apply the consequences of the invalidity of a void transaction and to declare such a transaction invalid (clause 3 of Article 166) is three years. The limitation period for these claims begins from the day when the execution of a void transaction began, and in the event of a claim being brought by a person who is not a party to the transaction, from the day when this person learned or should have known about the beginning of its execution. In this case, the limitation period for a person who is not a party to the transaction, in any case, cannot exceed ten years from the date of commencement of execution of the transaction.
2. The limitation period for a claim to declare a voidable transaction invalid and to apply the consequences of its invalidity is one year. The limitation period for the said claim begins from the day the violence or threat under the influence of which the transaction was concluded ceases (clause 1 of Article 179), or from the day when the plaintiff learned or should have learned about other circumstances that are the basis for declaring the transaction invalid.

Such circumstances may be associated with the plaintiff’s personality: illness, illiteracy, helpless state, being in a prison camp, the need to care for a sick relative, the death of a loved one and the associated psychological state, military service, etc.

Reasons for absence are recognized by the court, if they were in the last six months and are equal to no more than six months.

In order for the court to take into account good reasons, it is necessary file a separate application with the court indicating the circumstances under which the person became aware of the conclusion of a privatization agreement in violation of his rights and provide valid reasons, for which he did not know about this fact earlier.

This application must be accompanied by the relevant supporting documents: a certificate from the hospital, an extract from the medical history, a certificate of release from the MLS, etc.

How to stop privatization?

Is it possible to cancel the privatization of an apartment?

Until the privatization agreement is signed, he is not considered a prisoner and may be canceled or suspended.

Reasons for suspension the contract may be as follows:

• registration of marriage by one of those registered in the apartment;
• birth of a child;
• death of one of the parties to the transaction.

These facts lead to the fact that the number of owners of the premises changes, therefore, it is necessary drawing up a new contract privatization due to changed circumstances.

In addition, the final execution of the contract may be suspended due to the serious illness of any participant. In this case, the signing of the document is postponed until the person recovers.

How to cancel the privatization of an apartment? To suspend the process, you must submit an application to the authorities executing the transaction with a written statement justifying the reasons.

The reason for stopping the process may be a decision of the state registrar. He may refuse finalization if there are doubts about the authenticity of the documents or the legality of the transaction, or due to the absence of any of them.

The process of completing a privatization transaction can be suspended for no more than for three months. After this time, the parties to the transaction are denied registration. The package of documents will need to be collected again and submit a new application for the privatization of an apartment.

The ability to defend one's rights is necessary for every citizen. If your rights were violated during the privatization of housing, feel free to go to court. Even after a privatized apartment is illegally sold, you can cancel the property registration agreement and receive your share in the property.

Persons who have received housing from the state or municipal authorities have the right to dispose of it freely and independently.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Including, you can refuse privatization, while returning the apartment back. The same applies to, as a result of which several people became co-owners of the apartment.

Privatization of living space is taking place, and every citizen who has not previously used it can take part in it.

If the owner refuses the previously received real estate, then privatization is cancelled. In another way, this action is called deprivatization of housing.

What it is?

Termination of privatization or deprivatization implies a process during which a citizen returns an apartment to the state.

This may be due to family reasons, security reasons or financial considerations.

Also, cancellation of the process may begin if the rights of the parties are violated.

Grounds

In order to start the deprivatization process through the court, you need to provide compelling reasons.

You can use them as:

• voluntary requirement from all persons involved in privatization;
• legal demands from other citizens.

After considering the grounds and identifying violations in the transaction, the trial begins.

In this case, the grounds boil down to a violation of the interests of the participants who have the right to use the living space. Or their exclusion from the transaction, despite the fact that the presence of these persons was necessary for the legality of the transaction.

Law

It provides for the possibility that privatized housing can be fully returned to the state or municipality.

At the same time, the latter, in turn, do not have the right to refuse to place the premises on their balance sheet or to refuse to conclude a new social tenancy agreement.

The following points can also be deduced from this article:

• just as you can obtain the right to privatization, you can cancel it only once;
• the process of annulment of privatization can be started by any person participating in the original process.

At the same time, the norms of the law do not affect those who have every right to carry out privatization twice: before and after coming of age.

Cancellation of privatization

Is it possible to cancel the privatization of an apartment voluntarily? Yes, this form of abolition of privatization also exists.

This is due to the fact that the transaction is not of a civil law nature, and also contains norms of both housing and administrative law.

At the same time, privatization can be considered absolutely invalid, but only if during it some violations were committed, including the rights of one of the parties.

Apartments

Cancellation occurs either by decision of the court or by agreement of the parties.

In this case, cancellation is carried out in the following cases:

• at ;
• upon application from the owner;
• partial deprivatization in case of incorrect distribution of shares between co-owners.

In the first case, it is necessary to provide evidence or grounds to the court that the privatization procedure was carried out illegally.

In the second case, you need to contact the local government body, where you write an application indicating the object of deprivatization.

In the latter case, when the participants believe that the shares of the privatized housing were distributed incorrectly, the premises are deprivatized (incomplete). The procedure is carried out through the court.

Land plot

There can be quite a few reasons for refusal.

The most important and basic of them are:

1. Failure to comply with requirements or conditions established at the legislative level in relation to privatization.
2. Violation of the principle according to which privatization can be carried out by a citizen only once.
3. The location of land in a territory whose legal status allows it to be excluded from privatization.

With these justifications, a lawsuit to cancel privatization can be sent to court. If, at the end of the proceedings, a verdict is rendered in favor of the applicant, the court's decision will make it possible to regain ownership of the property rights.

Independently and forcefully

There are two ways to begin the abolition of privatization. The positive one is considered to be the one during which all participants, on a voluntary basis and in agreement, contact government authorities with a request to return the apartment to state ownership.

At the same time, the authorities must provide conditions and re-enter into a social employment deal with the participants.

This scenario is called agreed upon. However, there is a second - forced method.

In this case, the authenticity of the documents is checked, and if deficiencies are found, the procedure is carried out through the judicial authorities.

Through the court

You can terminate and challenge a privatization transaction through the court. But only on the condition that during the process the rights of at least one of the participants in the process were violated.

For example, when documents were falsified or one of the residents did not agree to the privatization procedure.

Statement of claim

If it is quite difficult to formalize a refusal to privatize due to some difficulties, you can file a claim in court.

At the same time, in addition to the application itself, it is worth collecting evidence that the application to the court is justified. If there are none, the judge will not be able to satisfy the demands from the applicant.

Consequences

If during the process of reviewing the transaction through the court, the presence of violations is revealed, then it may be declared invalid.

As a result, all its consequences are canceled. That is, the municipality or state receives the land back, and citizens again have the opportunity to privatize housing.

But it is worth noting that only the error that was indicated in the statement of claim will be considered. Therefore, if there are several of them, it is worth paying special attention to each of them.

Arbitrage practice

Quite often, citizens who have discovered shortcomings in privatization turn to the courts with a demand to cancel the process or for other reasons.

So, for example, in judicial practice there is a case during which a citizen applied to the court with a request to evict his ex-wife. The same, in turn, filed a counterclaim, according to which it demanded the cancellation of privatization.

According to her, her ex-husband misled her in the year of the transaction and forced her to refuse to participate in the privatization. The lawsuit also noted the fact that at the time of filing, the husband was preventing her from staying at home by changing the locks on the front doors.

As a result, the woman’s claim was rejected, and the privatization was declared legal. However, she was given the right to permanent residence in the apartment, and her husband was obliged to get rid of the locks.

In judicial practice, claims to cancel privatization are far from uncommon, however, most of them do not have serious grounds. Subsequently they are not satisfied.