Privatization of the apartment. Refusal of the apartment (sample)

It is quite common to consider the privatization of an apartment. Refusal of an apartment when processing documents is the right of every citizen. And no one is able to force to implement it. What does it mean? A person voluntarily abandons an apartment, or he participates in privatization and draws up real estate for himself on certain conditions. What should citizens know about the refusal of this process? What are the nuances to consider? What is the example of a refusal to privatize an apartment? Is it always necessary to make and formalize it? To understand all this is not so difficult as it might seem at first glance. The main thing is to clearly distinguish between certain terms.

Two concepts - different meanings

The thing is that in Russia there are 2 different concepts. The first is a refusal of privatization. The second is the refusal to participate (this is important) in privatization. It would seem that these two terms mean the same thing. In fact, this is not so.

The refusal to privatize an apartment is when a person simply is silent. He does not realize his rights with respect to the process being studied. He does not refuse to participate directly in privatization, does not agree to carry out the transaction by other persons. In other words, it simply does not allow the process.

Refusal to participate in privatization is a form of the will of a citizen. In this case, a person expresses his refusal to realize the right of privatization. Other citizens can implement the process. A peculiar form of approval of the privatization of an apartment without the participation of a particular person.

Only after the citizen starts to clearly understand the difference between the indicated actions, it will be possible to continue to disassemble the question. Otherwise, you can get confused and make a serious mistake

Features of refusal of privatization

To begin with, it is necessary to understand which features include each proposed term. For example, the refusal of privatization. It has already been said that this is a kind of disapproval of the whole process.

It does not require documentary confirmation. A distinctive feature is that in this case, the privatization of an apartment can not take place. Refusal of the apartment is not formalized, the real estate remains with the municipality in the property. Until a person expresses his desire to carry out a transaction or does not refuse in writing from it, you can not convert public real estate into a private one.

Features of refusing to participate

The following nuances refer specifically to the refusal to participate in privatization. It has already been said - this is a kind of solution to the transformation of real estate from municipal to private. At the same time, a person who refuses to participate in the process will not have any substantial rights to housing. Only for living, if it is registered there.

What does it take to privatize an apartment? Refusal of the apartment in case of unwillingness to participate in the process of real estate transformation from one form to another requires documenting. Usually a special document is provided that indicates permission for the remaining tenants to carry out the idea without one or more residents.

Anyone who does not want to participate in privatization must independently file a refusal. About this a little later. First you need to understand what consequences citizens will have. The refusal to participate in privatization is a serious step. It must be carefully considered. Return all the way it was before the design of the apartment in the property will not work. The existence of a refusal in writing confirms the legality of the transaction.

The right to privatize

It is necessary to pay attention to the number of times in Russia you can participate in privatization. The main problem is that this process is provided by law a limited number of times.

More precisely, one. Every citizen has the right to participate in privatization once. After this chance is realized, it is impossible to re-participate in the process of converting municipal real estate into a private one. Without such a person, privatization of the apartment is easy.

It should be borne in mind that, necessarily, the relevant application, which gives rise to the process, indicates minor children. All citizens who are registered in this or that dwelling are entitled to privatize real estate. Even minors from the age of 14. They should be provided with a mandatory share in the privatized housing.

Refusal for minors

Nevertheless, sometimes you can find a way out of the situation. Need privatization of the apartment? Refusal of an apartment by a child, as already mentioned, can not be made. The minors are necessarily brought into the contract. But there is one exception.

If you need to privatize an apartment without a child, you will have to contact the guardianship authorities. The refusal to participate in privatization will be formalized in writing, and as a permit of the guardianship authority.

That is, a minor can refuse a share, but this will bring many problems to his parents. The bodies of guardianship and trusteeship will study all the nuances and circumstances of claims. And only after it turns out to prove that the interests of the minor do not suffer, a positive decision will follow. In practice, more often than not, children are always involved in privatization.

Grounds

Many are interested in what grounds one can abandon the process under study. And from participation, and from a complete transformation of municipal property into a private one. And can they refuse to be privatized by law?

Yes, it happens. But this happens very rarely. We should not think that the full list of documents and the correct, consistent appeal to the appropriate authorities is a 100% success. There may be a refusal to privatize the apartment. The grounds for this are in the municipality.

Which ones? According to the established rules, the following categories of housing are not subject to privatization:

• Hostels;
• "Office flats" - those used by employees;
• Emergency real estate;
• Apartments that are located in closed military territories (in towns);
• Real estate owned by the Social Protection Fund.

Accordingly, if the housing belongs to one of the above categories, there will be a refusal to privatize the apartment. The grounds for this are quite legitimate. But for voluntary renunciation there are no compelling reasons. But, as a rule, highlight the main points that help to justify your choice. The main thing is to remember, no one has the right to coerce in writing a refusal to participate in privatization.

Voluntarily

So for what reasons do people most often refuse to convert real estate into private property? For what reasons (in the absence of legal restrictions) will not the privatization of the apartment take place? Refusal of the apartment, issued in writing, as already mentioned, allows the remaining residents to implement the task without a person.

Voluntary causes are most often the following options for the development of events:

1. Consideration of the increase in living space. Not everyone and not always privatization is profitable. For example, in communal apartments this right is usually not used.
2. Taxes. In Russia, all property in the property must be paid. Taxes on real estate are often repelled.
3. Why else can not the privatization of the apartment take place? Refusal of a share or the whole process as a whole allows you not to worry about overhauling. In Russia, the owners of housing are required to pay for the maintenance of repair work themselves. Municipal property is being repaired at the expense of the state.
4. Subsidies and benefits. Residents of rented apartments are often given a variety of bonuses from the state. Privatization can take them away.
5. Participation in privatization earlier. Comments are not required. If a person has already formalized municipal property into a private one, he can not participate again in the process.
6. Lack of desire to have a share in the apartment. Rare, but the occurrence of a phenomenon. Sometimes a person simply does not need the privatization of an apartment. Refusal of the apartment is justified by the fact that the citizen already has property, and he "concedes" his share to the rest of the tenants.
7. Neglect of the right to privatization "for later".

The last option takes place quite often. Citizens with intelligence should use their only right. There are no restrictions on time. That is, a citizen can take part in privatization in 18 years, in 48, and in 88.

Effects

Any legally significant action has its consequences. What is the result of the process being studied? The consequences of the refusal to privatize the apartment at least take away from the citizen the right to be the owner of housing.

In the Russian Federation, when refusing to participate in privatization, all refuseniks face restrictions on their rights. For such citizens, you can fix the following opportunities:

• A lifelong right of residence (is lost if a person starts participating in another privatization);
• The right to free housing under state programs;
• The possibility of purchasing an apartment under a social contract, if the person is in the appropriate line.

Only in reality, not everything is as good as it seems. After all, registration of a refusal to privatize an apartment can deprive a person of housing. Theoretically, a citizen has the right to live on the territory of real estate. But at the same time the owner of the apartment can sell the apartment or provide the conditions for communal housing.

Decor

How to properly abandon real estate? It should be noted that refusing to participate in privatization is not such a difficult process. The main thing is to know the specifics of the document.

It has already been said that it must be submitted in writing. Formed at the notary. Only after this, the apartment may be privatized. Refusal of an apartment requires the following documents from a registered citizen:

• The passport of the Russian Federation;
• Certificates confirming the existence of a residence permit;
• A statement of a standard form (usually drawn up by a notary).

All papers are submitted to the notary's office, then a confirmation of the refusal is issued. This document will be needed for future owners of real estate.

Sample

There are special rules that need to be followed if you want to abandon the process being studied. What information should the document contain? A sample of the refusal to privatize an apartment is mandatory:

• Data on the refusing citizen;
• Information about real estate;
• The reason for the refusal (not mandatory);
• Date of registration;
• Signature of the person.

Based on all of the above, you can give an example of failure. It will look something like this:

• I, Ivanov Ivan Ivanovich, (passport data), hereby express my right to refuse to participate in the privatization of the apartment located at (address). The decision is voluntary. The reasons for me are explained and fully understood. With the consequences of his decision acquainted.

Here such a form of refusal to privatize an apartment can be filled in and given to a notary. After the document is certified, it is given to future owners. The presence of a refusenik when registering an apartment in private ownership is not necessary. Only his written refusal.