Is privatization possible without registration? How to privatize an apartment, if one of the prescribed ones is against Is it possible to do privatization without the consent of the tenants.

Despite a number of certain advantages of municipal housing, such as tax exemption, home repairs at the expense of the state, lower utility bills, protection from fraudsters, guarantees of obtaining housing to replace lost property in the event of a fire, and others, the privatization of an apartment is a topical issue. This is primarily due to the fact that when receiving living space in your property, you can dispose of it completely at your discretion. This is necessary if the owner intends to sell the property, exchange it for another home, bequeath it to an heir, donate, rent, register someone.

As you know, the process of transferring real estate from the property of the state, municipality, to an individual is regulated by Russian law in a strict and clear manner. According to him, it is possible to privatize a municipal apartment only with the consent of all residents, that is, those registered in it. But, unfortunately, sometimes it happens that one of the citizens registered in the apartment is against re-registration or does not want to become its participant. If consent cannot be obtained from such a person, other tenants are often lost and begin to act incorrectly or do nothing at all. Therefore, we will consider how you can get out of the situation if one consent of the tenant is not enough.

Basic concepts

In order to privatize an apartment, if one of the residents in it prevents this, you can start by finding out what are the general rights of this person to privatization. By law, all citizens have the right to privatize housing if they:

registered at the place of residence in this apartment on a permanent basis;
have not participated in privatization before.

Regardless of how long a citizen lives in an apartment, if he has a temporary residence permit in this living space, he does not have the right to vote on privatization and cannot become a participant in it.

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Also, a citizen who was previously a participant in such privatization cannot influence the decision on privatization. His consent in this case will not be required at all, since, according to Russian law, it is possible to become a participant in privatization only once.

When there are objections

In the case when all tenants have the right to privatize real estate, but the consent of one of them cannot be obtained for any reason, difficulties arise.

Often, the decision to re-register municipal housing is taken mutually at general family meetings. Here it is important to convey information about the advantages of this design in an accessible way, to explain what advantages each participant has, for what and why it is necessary to register ownership. It can be mentioned that only citizens registered there have the right to live in municipal housing, and registration can only be done with the written consent of all residents. If one person is against privatization, it can be recalled that in the event of an obstacle, the remaining, willing participants, may simply not allow this person to further register this person’s spouse or his adult children in the apartment.

Moreover, if a family lives in a municipal apartment, in which only one person is registered in this living space, who does not give consent, the remaining consenting participants have the right to demand the legal eviction of unregistered citizens. This can be done in a fairly short time by writing only one statement of claim to the court.

When the tenant is away

There are cases when it is impossible to obtain the consent of one of the registered residents due to the absence of this person, who, for example, changed his place of residence quite a long time ago. You can re-register an apartment in this situation by filing an application with the court at the location of the municipal apartment with a request to remove this person from registration. According to the law, if a citizen does not appear at the place of registration for a long time, he loses his right to use it and, accordingly, the right to housing. In this case, it does not matter at all whether or not the new place of residence of the absent person is known. It is also possible to file a claim for the recognition of an absent citizen as missing, however, in this case, the trial will be delayed, and in the end, the petition may be rejected altogether if the missing person appears.

In order to privatize a municipal apartment, the consent of a citizen evicted by a court order is not required, his opinion will no longer be taken into account. However, when submitting an application and documents for reissuance, a court order on an extract must be provided.

How to be

But what to do if all registered tenants have the right to privatization, everyone is present, but one of them categorically refuses to give their consent and does not intend to issue a refusal either. In this case, only part of the apartment can be privatized. Here the main issue will be the division of living space. All residents have the right to use real estate, but in the case of a division for privatization, in different shares. For example, if there are three rooms in an apartment, one of which is occupied by one of those who are against it, housing can be privatized without this room. Common areas will also be divided and part can be privatized, in proportion to the area of the rooms that will be privatized. If it is not possible to stipulate and document the division peacefully, the court will do it.

The calculation will be as follows: if, for example, two privatized rooms occupy half of the living space, the privatization owners are entitled to exactly half of all common areas. It is impossible to prohibit the use of any of them, but after re-registration it will be possible to sell your share.

In order to privatize an apartment, you must obtain the consent of all tenants who are enrolled in it. But it often happens that not all tenants agree to this, what to do in this case? How to privatize an apartment without the consent of other tenants?

First of all, you need to understand whether they (the people living in this apartment) have the right to privatization and how you can influence your relatives to change their decisions.

It should be noted that every tenant of an apartment has the right to privatization, but this applies only to those who are registered in the apartment. Therefore, the votes of those who temporarily reside in your territory, but are registered at a different address, do not count. Basically, this is the second half of one of the registered tenants. Remember, when privatizing an apartment, the opinions of such “temporary residents” do not matter.

Well, if you have already privatized an apartment, then you do not have the right to repeat this procedure again, since you have already exercised your right. In addition, you do not have the right to vote if you have already gone through the privatization procedure, and own an apartment, cottage or other living space, even if you are registered there, when privatizing an apartment in the name of your relative, your vote will not be counted.

How to privatize an apartment if the registered tenants no longer live there?

It often happens that several people are registered in an apartment, but only two or three actually live there, the rest have long since changed their place of residence. In this case, before registering the apartment as a property, you can apply to the court for the discharge of these people, since over time, each tenant loses the right to use the living space if he does not live at the place of registration for a long time. It is also possible to evict and privatize an apartment without the consent of those tenants whose residential addresses are not known to you. But only if they don't have a protection certificate. In this case, you can recognize that these people are missing. True, it is very difficult to write out such missing people, this process can take more than one month, and only the court, based on all the documents, can decide whether to evict such tenants or not.

When privatizing an apartment, the consent of the tenant previously evicted by court decision is not needed, because his vote is not counted in this procedure. But, in this case, when submitting documents for registration of housing, you will need to provide an extract from the court decision.

What if tenants do not give consent?

As you already understood, it is very difficult to privatize an apartment if the majority of the tenants do not give their consent to this. In order to get the consent of all tenants, you need to bring them all together, you can organize a small family dinner, during which you will need to explain the benefits of privatizing public housing. You can threaten them that if they do not give their consent, then you will not allow them to register their husbands, wives, children in this apartment in the future, because unregistered people do not have the right to live in municipal housing. Also, you need to explain to your relatives that the apartment will be privatized in the name of one person, but all the tenants registered in it will have their share, that is, it will be the shared property of the family.

Well, if, say, your daughter lives in your apartment with her family, who does not give consent, but only she is registered at the place of residence, then you can threaten her with eviction from her husband’s apartment, since he illegally lives on your territory. To do this, it is enough to write an application to the court, and an illegally residing citizen will be quickly evicted from the apartment. After the lawsuit is filed, a subpoena will come to the name of this person, as a rule, this subpoena is enough to get consent to the privatization of the apartment. Note that a municipal apartment can be obtained as a common property or registered in the ownership of one family member.

The conditions for participation in the privatization program are directly related to the right to permanent use and residence in a municipal apartment. Does registration affect the rights of tenants, and is it possible to re-register the right to housing for persons not registered in the apartment? The answers to these questions can be found in the material presented.

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What it is

Municipal housing provided to citizens on the terms of social rent can be transferred to them free of charge in the manner of privatization.

When applying with an application, citizens will have to prove that they legally live in the specified apartment.

What about citizens who received housing on an equal basis with all other family members, but then were removed from the registration register? To do this, it is necessary to establish the grounds for recognizing citizens as employers.

Registration

Under the propiska is understood the registration of citizens at the place of residence or stay.

Temporary or permanent registration can take place only if the citizen has certain rights to housing.

Permanent registration is available to citizens in the following case:

moving into an apartment under a social contract as the main tenant or as a member of the tenant's family;
Acquisition of rights to residential premises upon settlement with the permission of the owner;
acquisition of rights to an apartment in case of recognition as a family member of the tenant.

As a rule, permanent registration is recognized as evidence of the right to use housing, and, consequently, the right to participate in privatization.

When applying to the authorized bodies, it is required to submit not only an application, but also an apartment card, which indicates all citizens registered at this address.

Privatization

Privatization is a gratuitous transaction, as a result of which the right of ownership to a municipal apartment is transferred to citizens.

The possibility of participating in a privatization transaction depends on the availability of the right to use housing on a rental basis, which is confirmed by the following documents:

social contract;
residential order.

After the allocation of an apartment from the municipal fund, citizens are required to register in it and obtain a permanent residence permit.

At the stage of applying to the authorized bodies, the fact of having a residence permit will be checked along with other documents.

If all tenants who have received housing are duly registered at this address, they will not have problems when applying for privatization. However, if an extract took place during the period of residence, the situation becomes noticeably more complicated.

Is a privatization transaction possible in this case to formalize the ownership of the discharged citizen?

To do this, it is necessary to establish how registration is connected with the right of residence.

What is regulated

The procedure for making a privatization transaction is regulated, which allows citizens who have the right to permanently use an apartment on a social contract to participate in the privatization. However, the specified normative act does not contain instructions about the presence or absence of a residence permit.

Consequently, the right to privatization does not directly depend on registration in the apartment.

Registration of citizens in residential premises is carried out on the basis of which does not contain norms linking registration with the right to use housing. Moreover, this normative act does not link the extract with the deprivation of citizens of the right to use residential premises.

Video: eternal registration

The procedure for registering citizens at the place of residence

Registration of citizens at the place of residence, carried out within the framework, is characterized by the following features:

for permanent registration, it is necessary to confirm the legal right to live in an apartment by providing a warrant or a social tenancy agreement for housing;
for an extract from a dwelling, the submission of such documents is not required, and the indication of a new address on the departure sheet is a formality and does not oblige citizens to confirm this fact.

The registration procedure is currently carried out by the migration services of the Ministry of Internal Affairs, which maintain records for each registration address, as well as for all registered persons.

In each settlement there are passport offices that are authorized to receive documents from citizens for registration.

They also issue a certificate of family composition, if required for participation in privatization. Each tenant has the right to receive a certificate of registration for privatization; for this, you must apply with a passport to the indicated institution.

Privatization of an apartment if not registered

How does privatization take place if one of the registered citizens is later deregistered?

In this case, the following features are taken into account:

an extract from an apartment deprives citizens of the right to use only if they are provided with another dwelling on the terms of social rent;
the acquisition of other housing in the property does not automatically deprive citizens of the right to use a municipal apartment.

Do you need a registration for privatization in this case? When checking the composition of the participants in the privatization transaction, the authorized bodies will check whether they have the right to use.

In the absence of registration in such premises, citizens will have to prove that their discharge is not related to obtaining other housing and they have not lost the right to use it.

Ownership of housing

Appeal for privatization is possible only with the consent of all tenants of the apartment.

Does the number of registered citizens affect the number of participants in privatization? To do this, you need to refer to the rules for conducting a privatization transaction.

Documentation

Simultaneously with the application for privatization, tenants must submit the following package of documentation to the authorized body:

social lease agreement or warrant;
technical passport for the apartment;
certificate of absence of debts for utilities;
certificate of non-participation in privatization;
apartment card or an extract from the house book.

When filling out an application, it indicates all persons who have the right to use residential premises. It may also include citizens deregistered, but who have not lost the right to use the apartment.

Privatization of an apartment without the consent of the registered persons is impossible, as it requires the expression of consent to the renewal of rights from each tenant.

If it is established that the discharged citizen retains such a right, his consent will also be required to apply for privatization. Naturally, after the death of the registered person, the opinion of such a citizen will not be required to be taken into account.

When applying to the authorized bodies, it is necessary to confirm non-participation in privatization.

To do this, a corresponding certificate is submitted to all addresses at which the citizen was registered. If there is a gap in the registration, and there is no way to confirm the specified period, the applicant draws up a guarantee receipt that during the specified period of time he did not take part in privatization. Indication of false information may result in the recognition of the transaction as invalid.

Where to apply

Documents for a privatization transaction are submitted to an institution authorized to dispose of municipal property. Subsequent registration of ownership is carried out in the bodies of Rosreestr.

However, citizens have the opportunity to submit documents through the Multifunctional Center.

At the stage of filing documents, one of the tenants can express their refusal to participate in privatization in favor of other citizens.

Such a decision must be certified by a notary public. If a person who refuses to privatize is discharged from the apartment, he even loses the right to use it, since a change in the legal status of the apartment will not allow him to register back without the consent of the owner.

Receipt of a contract

After checking the documents, the privatization participants are issued an agreement under which they can register the right of ownership.

Registration of such an agreement is carried out in the bodies of Rosreestr on the basis of

All persons specified in the privatization agreement must apply for registration activities.

Special cases with registration

Let's consider the most topical and controversial issues that arise in the process of privatization and registration of citizens.

Without the consent of the prescribed

What if the citizen did not participate in privatization, but is registered in the apartment? In this case, he retains the right to permanent use and residence in the residential premises.

The eviction of such citizens is allowed only by the decision of the owner if there are grounds specified in the law.

Parts of the apartment

Does registration affect the possibility of privatizing part of the apartment? In this case, only the whole object can be the object of privatization, i.e. apartment.

The right to privatization is not limited by the fact of permanent or temporary registration. When moving into a dwelling, a citizen must have a basis that will allow him to freely use the dwelling.

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Citizens who have booked apartments can privatize housing, with the consent of local governments.

The law does not specify the fact of registration. The term itself is used at the household level and replaces the concept of permanent registration of a citizen.

The presence of permanent registration obliges a person to live in an apartment. Failure to comply with this requirement is fraught with an administrative fine of 2,500 rubles.

The legislative framework

statement from all participants;

documents for an apartment: a social tenancy agreement, a technical passport;

certificate of non-use of the right to privatization;

certificate of absence of debts for payment of housing and communal services.

A certificate of previous addresses of residence will be required if citizens moved into the apartment after July 1991.

Where to apply?

The application is submitted to the administration of the municipal district at the location of the apartment. The document can also be issued.

This can be done at any branch of the service for state and municipal services.

Conclusion of an agreement

The agreement provides for the rights, obligations of the parties, the timing of the privatization.

The transaction is executed by specialists of the municipal district. The agreement is signed by all participants in the privatization and their legal representatives.

The term for the conclusion of the contract is agreed upon by the parties, but more often it is set by the local administration independently.

FAQ

Citizens are interested in the opportunity to privatize specific real estate objects.

Topical questions are about the rights to privatization of temporary residents, who, despite this status, live in an apartment for years and also apply for permanent registration and privatization.

Decoration of the apartment

Municipal apartment - a single object of ownership. It cannot be divided into shares.

When privatizing the entire apartment, each participant receives his share - by agreement or in court.

Is it possible without the consent of other prescribed?

Privatization without the consent of other registered is impossible, since such a decision must be made jointly.

Even if a citizen does not want to participate in privatization, he must give his consent to it. He will retain the right to permanent residence in the living space.

Privatization without permanent registration is possible, but if citizens have legal grounds for permanent use of housing. Disputes are resolved in court at the location of the apartment.

On the video about the privatization of housing

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