Domestic wars are not uncommon. Often close relatives are involved in long-term complex battles and the main tool is property. In particular, an apartment or house. How to protest the privatization of housing if you disagree with the terms of the procedure? Where to go, what documents to provide? Is there a specific statute of limitations?
According to the law, it is possible to protest the privatization, the main thing is that the dissenting citizen must, firstly, provide compelling reasons, and secondly, be able to confirm them with documents.
Privatization is a government service that makes it possible for one or a group of people to become owners of the housing in which they permanently reside. You can privatize municipal (state-issued) housing. Typically, this procedure requires written consent from all residents registered in the apartment.
Who can appeal privatization:
- dissatisfied citizen (registered and living in a privatized apartment);
- state bodies;
- municipal government;
- guardians;
- prosecutors;
- interested parties (relatives);
- unitary organization.
Cases in which it is possible to challenge privatization:
- For some reason, the citizen living in the apartment did not appear in the privatization agreement being drawn up, and also did not previously participate in the privatization process;
- one of the active adult participants in privatization used the right to participate repeatedly;
- For some reason, the name of the minor tenant was not included in the contract, although he is registered and by law is considered a mandatory participant;
- among others, signed by a citizen who does not have the appropriate authority (for example, an unregistered resident);
- the privatization procedure in reality turned out to be illegal;
- the documents provided for registration of the agreement are forgeries;
- the privatization participant is incapacitated;
- the privatization participant was deceived;
- the participant's consent was obtained by force, under pressure.
If a dissatisfied citizen can document his claims, he can challenge the completed privatization by filing a lawsuit.
The legislation gives the right to participate in the organized privatization procedure to citizens:
- adults who permanently reside in municipal premises under a social tenancy agreement;
- a minor resident living and registered in the apartment.
As is known, the organizers of privatization are required to obtain the written consent of all registered adult residents and young citizens aged 14-18 before carrying out the procedure. If among the residents there are younger children, then the privatization process must be additionally approved by guardianship specialists. Lack of approval from guardianship specialists is the main reason for challenging privatization.
Important: the invalidity of a privatization transaction can be challenged by any adult resident registered and permanently residing in the apartment. If the rights of children are violated, then they are defended by the parent and the guardianship authorities.
Grounds and conditions for challenging
A municipal apartment can be privatized if residents unite and collect the necessary documents. However, when the procedure has already been completed and the names of the new owners are known, is it possible to protest this? Yes, a dissenting citizen may try to invalidate the transaction. If he succeeds, the housing will again be considered municipal.
Grounds on which privatization can be protested:
- When the contract did not include persons who had full rights to participate. Moreover, no written refusals were received from them.
- The rights of minors are violated. An important point, because if children are registered and permanently reside in the privatized housing, the legislation requires their inclusion as mandatory participants in the privatization being organized. In addition, you need the approval of a guardianship specialist.
- Incapacity of a participant or deception of a person who signed an official refusal to participate in the privatization transaction being organized. However, criminal law deals with such cases.
- In addition, there are other common reasons that a dissatisfied citizen can use to challenge privatization:
- When the contract openly includes a person for whom this privatization will be repeated.
- The document included a citizen who does not have actual rights to be granted the slightest share of property.
- The death of one of the participants in the privatization procedure being organized, as a result of which the spouse or other relative of the deceased may claim the assignment of rights to him.
- Using privatization to carry out some fraudulent scheme.
It is worth remembering that if a dissatisfied citizen manages to stop the privatization process, then the participants will forever lose the right to re-register municipal property free of charge. However, the citizen must confirm the appeal with documentary evidence. Only then will the court accept his arguments.
Important: protesting privatization has a time limit. There is a statute of limitations, if it is missed, alas, the court will be powerless to help.
Challenging privatization - procedure
Citizens intending to privatize an apartment or land plot (municipal property) must first obtain the written consent (or refusal) of people who have the right to become an equal participant in the privatization process. Therefore, experts advise that before drawing up documents, discuss the situation at home, with relatives and tenants, and determine in advance the ownership shares and the terms of the agreement. Then it will be possible to take possession of the new property peacefully and without problems. Often, not everyone is satisfied with the terms of the agreement.
What to do if a dissatisfied citizen wants to challenge the completed privatization? The transaction is officially declared invalid by the court. This is where a citizen should turn.
How to start the dispute procedure:
- the citizen must receive a copy or original of the transaction agreement;
- take it to a lawyer for study, tell the situation;
- Having examined the document, the specialist will tell you what reason the citizen can write down in the application that he will send to the court;
- collect documents that can confirm the reason stated in the application according to which privatization should be declared invalid;
- write a statement, addressing it to the court authorities, attach all previously collected documents there.
If the district court issues a refusal without finding grounds to challenge the transaction, the citizen can appeal again, this time to the Supreme Court.
The procedure for reviewing documents and organizing the trial will take a total of 5-6 months.
Required Documentation
How to appeal a perfect case, collecting the necessary documents will take some time. It is better for the applicant to initially seek the support and advice of a specialist. He will tell you what papers and where to collect.
Main list:
- privatization process agreement (original or certified copy only);
- social rent agreement;
- applicant's passport;
- consent/refusal of residents, written;
- receipt of paid state duty;
- documents capable of proving the fact of violation of rights;
- an extract from Rosreestr confirming ownership of the specified property.
It is worth checking before submitting an application and enlisting the support of a lawyer.
Statement of claim - sample, structure
The most important document that can convey a citizen’s request to court specialists is a statement written by him. Therefore, it is important to be careful and accurate when compiling it. Judicial authorities have certain requirements for the structure and content of such a document. If the citizen was negligent, they may not allow the application.
Sample applications can be viewed online or asked from the specialist with whom the citizen consults. In addition, court staff can suggest the procedure and the necessary information that must be included in the document being drawn up.
The claim document (statement) has the following structure:
- title (“header”, where there is information about the addressee - the court authority, the parties, the amount of the claim);
- title (for example, “statement” or “statement of claim”)
- introductory part (conveys the essence and subject of the dispute - a privatized object - land, apartment or other municipal real estate);
- the applicant’s motive – the violations of the parties to the transaction are listed in detail, a description of the negative consequences;
- the pleading part (usually begins with “I ASK”, written in the center and in capital letters, then the plaintiff lists all the demands, why the privatization procedure should be challenged by him, at the same time refers to the necessary regulations);
- list of attachments - only the names of the attached documents, usually these are copies of the originals;
- signatures, date. At the end – the applicant’s signature.
Statute of limitations
The rights of the plaintiff and the statute of limitations are determined by Article 181 of the Civil Code. According to it, the statute of limitations for appealing the privatization procedure will be 1 year.
Also, dissatisfied citizens can put forward their demands only for 3 years. This is if they want the completed transaction to be ultimately declared invalid.
It is important to remember that a missed deadline can be procedurally restored if the plaintiff has some good reason. Then privatization may be declared invalid even after 5-6, even 10 years.
Subtleties and nuances of the procedure
If a participant in a completed privatization died, can his relatives challenge the procedure? For example, if the mother, spouse or children of the deceased demand that the rights of the deceased be transferred to them. Yes, only the actual spouse is considered a full heir. If the deceased filed for divorce, then the former halves are deprived of the title of obligatory heir.
The deadline has been missed, is it possible to somehow challenge the deal after 12 years? Yes, if the plaintiff collects documents and is able to provide the court with a valid reason for such a delay.
Invalid, when is it cancelled? From the moment such a decision was made. Alas, participants in the privatization process are simultaneously deprived of their rights to ever participate in a similar procedure again. According to the law, such a privilege is given to a citizen once.
Does the cost of the state duty change annually? Yes, therefore the amount declared for last year may be revised.