Our housing lawyer will help you with the problem of privatizing an apartment in court, not only by drawing up an application, but also by representing your interests in the proceedings.
ATTENTION : if you have a question about challenging the privatization of an apartment, then read more information by clicking on the link.
The procedure for forced privatization of an apartment through the court
There are a number of situations where litigation cannot be avoided. Privatization by court and the services of a lawyer for housing issues of our organization are necessary if:
- The house or individual apartments are in the process of being transferred to the municipal fund. Citizens are often refused due to the fact that the municipality has not accepted the housing stock on its balance sheet. Privatization of housing through the court solves the problem of the Principal in this situation.
- There are no warrants or contracts for social rental housing, which leads to controversial situations in proving one’s housing rights. Privatization of housing by court decision resolves the rights of persons occupying rooms or apartments in this case.
- The disappearance of one of the registered persons, without whose consent the paperwork cannot take place. The privatization court determines the period of absence of the missing person. After 5 years, he is declared dead, and the remaining residents receive the right to dispose of the property.
- It must be remembered that there are objects that are prohibited from being transferred into private hands, but the courts consider such cases and make legal decisions. Such objects may include apartment museums and real estate located in natural reserves and parks.
- It will be difficult to deal with service apartments on the territory of military camps and various institutions, and with houses in disrepair.
There are also cases when a person who does not actually live, does not pay utility bills, or does not carry out repairs to the apartment, refuses to recognize our right to privatize the apartment.
In a controversial case, you must file a claim with the court for privatization (read the sample claim at the link). In this case, it is necessary to prove the fact that the refusing party (often a relative) does not actually use the housing for a large amount of time. Such a person must be recognized as having lost the right to use residential premises.
How to file a claim for recognition of ownership of an apartment through privatization?
The claim for recognition of ownership of an apartment through privatization consists of four main parts:
- Heading of the statement of claim
- Descriptive part , in which you describe the entire situation, starting with receiving your home. Provide all the great evidence and explain your requirements
- Reasoned part , in which you support your arguments specified in the descriptive part with the regulatory framework, past court decisions, as examples of good practice, as well as the conclusions of the Supreme Court of the Russian Federation
- The pleading part , i.e. the part where you ask the court to recognize your right to privatize your apartment. As well as all related requirements necessary to resolve the issue
It must be remembered that all these parts must not contradict each other. Moreover, there must be the necessary validity and evidence between them to achieve success.
USEFUL: watch the video with additional tips on filing a claim in court
What documents are needed for privatization through the court?
In addition to the statement of claim itself, it is necessary to submit a number of documents to the court that prove the correctness of the position set forth in the claim. Thus, the following documents will need to be submitted to the court:
- identification document of the applicant;
- document of title for the privatized apartment (social tenancy agreement, etc.);
- cadastral passport;
- technical passport of the apartment;
- receipt of payment of state duty;
- a certificate stating that the applicant has not previously participated in privatization.
This list is approximate , as it must be supplemented with evidence on the specific basis for filing a statement of claim.
When filing a claim, you must attach copies of these documents , but at the trial itself you must provide their originals .
In addition, the judge may request other documents, but it is still best to prepare yourself in advance and collect all the evidence in favor of the arguments specified in the application.
Documents for privatization of an apartment through the court
To begin consideration of the case, you need a number of documents on which you can rely:
- copies of passports and birth certificates, marriage certificates of all privatization participants
- a copy of the apartment order or social tenancy agreement
- Residents of private houses provide a house register
- financial and personal account, receipts for payment of utilities
- certificate of registered persons (form 40)
- certificates from the BTI stating that the right to privatization has not been used
- certificates of absence of other housing from the BTI and the registration authority
- your application to the privatization court and refusals to privatize other participants
- other documents upon request
privatize an apartment through the court? which documents ?
In order to apply to the court for privatization of an apartment, you will need the following documents:
1) a statement of claim, which is drawn up in accordance with the requirements established by law, which are listed in Articles 131, 132 of the Civil Procedure Code of the Russian Federation. It must include the following information: the name of the court to which you are filing the claim; Your last name, first name, patronymic and residential address; last name, first name and patronymic or name of the organization to which you are making demands, their addresses; what is the essence of the dispute; a list of documents that you attach to the statement of claim. Please note that if the statement of claim is drawn up incorrectly, the court may not accept and return the statement of claim to you.
2) receipt of payment of state duty. For this category of cases, the state fee is paid in the amount of 300 rubles; details for its payment can be found on the court’s website.
3) a social tenancy agreement or an order, which can be obtained from the management company or administration.
4) an extract from the house register and a copy of the financial and personal account, which can be obtained from the management company.
5) documents confirming non-participation in privatization on the territory of the Russian Federation for the period from July 1991 to the day of going to court at each of your places of residence. Such documents can be certificates from the BTI, a certificate from the local administration, an extract from the Unified State Register of Real Estate, which is issued by Rosreestr.
6) documents confirming residence on the territory of the Russian Federation for the period from July 1991 to the day of going to court, which include archival extracts from the house register; passport with registration marks at the place of residence.
7) a notarized refusal to participate in privatization, if any of the persons having the right to use the apartment does not want to take part in privatization.
an extract from the Unified State Register of Real Estate for the privatized apartment, which can be obtained from Rosreestr.
After the statement of claim has been drawn up and the entire package of documents has been collected, but before submitting the documents to the court, one copy of the statement of claim must be sent by registered mail with an inventory to the defendant by mail. After completing these steps, a statement of claim with documents can be filed with the court.
The above list of documents is not exhaustive and depends on the specific situation and the reason for refusal to privatize the apartment. It is better to entrust the preparation of the statement of claim and the selection of the necessary documents to an experienced and professional lawyer, since this is the main stage in the legal proceedings and the fate of your case depends on the correctness of the drafting of the statement of claim.
What to do if the court refused to privatize a residential property?
If you filed a claim for privatization in court and it rejected you, only housing lawyers will help you.
Our lawyers at the Law Office "Katsailidi and Partners" will help you analyze the situation of losing a claim in court, draw up the necessary procedural documents and represent your legitimate interests in the framework of appealing the court decision to refuse privatization.
USEFUL: for more information about how to draw up an appeal, read the link, and also watch the VIDEO on the topic:
When is it impossible to privatize a home even through the courts?
Litigation is an adversarial process, so it's all up to you. However, there are cases when it is impossible to win a court case regarding the privatization of residential premises. We would like to tell you about them:
- Privatization of emergency housing . We have repeatedly encountered problems with the privatization of housing located in a dilapidated building. If you did not privatize the apartment before the demolition, the chance to get another apartment in return or compensation is only possible in court and, unfortunately, not as often as you would like.
- Privatization of a dorm room . You may encounter an impossibility when you were provided with a bed-place, and not a whole room, then you moved out, and the neighbor in the second bed-place remained to live and had already privatized the living space.
- Service housing with a short period of work for a given employer and dismissal at one's own request. Also, you cannot privatize housing that is still under the control of an enterprise that continues to provide it to its employees for temporary residence; do not transfer the housing stock to the municipality.
- Privatization is impossible for persons who have lost the right to use residential premises .
Recognition of the right to privatization in court
both the right to privatization and the right of ownership are resolved in court . When filing a claim for recognition of rights, the applicant tries to prove that he can privatize the residential premises. In this case, the citizen proves the fact of non-participation in the privatization of property earlier, the fact of living in the premises under a social tenancy agreement, and so on. To confirm these facts, it is necessary to provide relevant documents.
If the claim contains a request for recognition of ownership of an apartment through privatization, then we are talking about a situation where the owner of the property refused to transfer such property to the citizen into his ownership. It is worth noting that the courts satisfy both types of claims, but only if there is appropriate evidence . Otherwise, the application will be refused.
Thus, the recognition of the right to privatization and the right of ownership of an apartment are different and imply different grounds for going to court.
The procedure for recognizing ownership of an apartment
Before filing a claim in court, it is necessary to try to resolve the issue of recognition of property rights in a pre-trial manner . To do this, you need to contact the owner of the property with a statement (with the relevant documents attached) of your intention to privatize the residential premises. In case of refusal for any reason (often this is related to issues of inheritance or transfer of housing into municipal ownership), you must go to court , providing a written refusal (along with your application) as evidence of an attempt to pre-trial resolve the issue.
It is also worth considering that in order to go to court, you must have proof of ownership of the apartment. The owner’s refusal must be unreasonable, violating the right, which must be proven in court.
You should not despair after a negative response from the owner, since it may be the basis for starting a lawsuit if the right has actually been violated and there is sufficient evidence to support it.
Otherwise, the procedure for filing a claim (with the attachment of relevant documents) and the process itself do not differ from similar legal proceedings.
Lawyer for forced privatization in Yekaterinburg
It is profitable to have privatized housing today. Unlike state property, it can be sold, donated, or inherited, since real estate is property. But sometimes a number of difficulties with privatization may arise, so attempts by those wishing to make their square meters private end in failure.
In this case, there is also a way out - to file a statement of claim for privatization in court.
Our lawyer from the Law Office “Katsailidi and Partners” is ready to accompany the entire procedure for you. Privatization of an apartment or other housing by court with the issuance of new documents is possible today. The timing of issuing a decision depends on many nuances, so each applicant must be prepared to go through all the stages to get what they want. You can get advice on housing issues today.
