Obtaining real estate ownership is an operation that worries many citizens. In Russia there is such a thing as privatization. A variety of disputes flare up around this action. Today, you can privatize existing housing at any time. It is these rules that now apply in Russia. If you do not privatize the apartment, what will happen? The consequences of rejecting such a decision will be described below. When is this possible? Who should privatize when? How dangerous is the rejection of an action? Answering all these questions is much easier than it sounds. It is enough to know the basics of modern Russian legislation.
The concept
Let's start with the simplest. It is about deciphering the aforementioned concept. What is called privatization?
This procedure is the process of converting public housing into private property. Ultimately, a citizen receives an apartment / house / cottage as property.
The concept of privatization in Russia first appeared in 1991. From that moment, under certain conditions, citizens were able to register state property in private ownership. This is a very useful feature. But if you do not privatize the apartment, what will happen? Why do citizens sometimes refuse this operation? According to statistics, a third of housing in Russia is still in state ownership.
Right or obligation
Before you understand this issue, it is important to realize another important fact. Not every citizen knows about him.
Is it necessary to privatize the apartment in which this or that family lives? Or can this operation be avoided?
According to the law, privatization is the right of tenants, but not an obligation. If a citizen does not want to take ownership of the housing in which he lives, this is his business. The main thing is to remember some consequences of such a decision.
Is it possible not to privatize an apartment and live in it? Yes. As already mentioned, a third of the housing stock of the Russian Federation is still owned by the state. Therefore, privatization is the right of citizens. Each person makes a decision on participation in the process, if he is a tenant of an apartment / house.
Why refuse privatization
In order to understand the true reasons for refusing to exercise the right to receive property free of charge, it is important to fully understand all the nuances of Russian legislation. Why do people sometimes not privatize housing?
The thing is that life in this case is easier for some citizens. People living in a non-privatized apartment can register their children in it. Such families live in housing under a social contract of employment. This right remains with them for life. Forced to deprive non-privatized housing does not work.
After the death of past residents, the heirs registered in a particular territory acquire the right to use it for life. That is, you can register your children here and live all the time. But no more than that.
Life in a non-privatized apartment what threatens? It is noted that in this case, residents must fulfill only one condition - to live in the house, paying all the costs of maintaining the property. For some, this limitation is a plus - a guarantee of a calm old age.
In addition, citizens refuse to privatize because of dilapidated housing. In other words, registering such property as a property is unprofitable.
Another reason is taxation. The thing is that home users do not have to pay taxes on the apartment. And the owners are responsible for their property.
In some cases, the rejection of privatization is caused by community, if you want to abandon a share in the apartment in favor of a particular tenant.
About the consequences
What will happen if this or that person has not privatized the apartment? In fact, such a decision is not too dangerous for some citizens. But he still has flaws.
In case of refusal of privatization, the citizen loses the right to receive this property into ownership. Nevertheless, he will still be able to live in the apartment throughout his life.
The refusal of one of the tenants to privatize increases the shares in the property laid down by the rest registered in the territory. This happens proportionally.
It should be noted that children under 14 years old cannot issue a refusal. After reaching this age and until adulthood, the process should occur with the permission and confirmation of the guardianship authorities.
Why is it necessary
Some people wonder why you need to privatize an apartment. Based on the foregoing, we can conclude that a citizen living in the territory under a social contract of employment cannot be driven out into the street. He will have the right to use this or that housing for life.
Despite this, privatization has several advantages. They attract the population. What is this about?
Why privatize an apartment? Why is privatization necessary? Among its main advantages, the following features are distinguished:
- A citizen cannot be evicted for communal debts. You can go to court to collect debt, but it will not work to deprive the property of the owner. For non-fulfillment of obligations on the maintenance of housing, the tenant may be evicted.
- An apartment or a house is a reliable rear and investment. Free privatization allows you to acquire your own housing without much difficulty.
- Registration and decision as to who to register. By law, the owner decides who to register for housing. He can ask a citizen who refused to privatize (for example, a former spouse) to leave the territory legally.
- Privatized housing is inherited.
- Property received from the state is transferred to the full possession of citizens. They can perform any actions with an apartment or a house - to give, sell, bequeath, lease, alienate, exchange and so on.
- As already noted, the owner has the right to lease the property. Accordingly, privatized housing can be a means of making a profit.
If you do not privatize the apartment, you can only rely on living in a particular housing. And nothing more. They will not be able to dispose of. Similar rights remain with the property owners.
Privatization disadvantages
Despite all the advantages of the process, privatization has a number of drawbacks. For some citizens, they are extremely important. If you do not privatize the apartment, what will happen? What are the disadvantages of this process? They should not be confused with the reasons for refusing to re-register property into private property.
The disadvantages of privatization are as follows:
- Taxes. It's no secret that owners must pay for their property. Taxes must be paid to the state annually. For privatized housing, you will have to pay.
- The cost of repair and maintenance of housing. Obtaining government assistance is often impossible. In addition, the owner of the apartment, by law, assumes responsibility for maintaining the property in good condition.
- Privatization of dilapidated or dilapidated housing is disadvantageous. With the resettlement of such houses, you can only rely on an apartment with an equal area.
In principle, that’s all.But what happens if the apartment is not privatized? Who is recommended to bring this process to life? What do experts say about this?
Real cases
Life in a non-privatized apartment what threatens? As has already been emphasized, citizens can only live in a particular territory.
In real life, practice demonstrates the following consequences:
- residents are forced to check out;
- problems with the sale of property, as the apartment is encumbered in the form of tenants;
- non-privatized square meters cannot be inherited into property;
- the actual impossibility of obtaining an apartment in the property after abandoning it.
It so happens that parents refuse to privatize in favor of their children. But this is far from the most common scenario. More and more often, old people are trying to deprive children, who are characterized by an adventurous character, of the possibility of pledging or selling their share, trying with this ban to save housing for themselves and grandchildren. The motive is usually caution. Such a step not only deprives children of property, but also spoils relations in the family.
To make out
If you do not privatize the apartment, what will happen? This has already been said. Who is recommended to pay attention to privatization? And how exactly is the refusal to participate in the process made out?
In reality, everything is much simpler than it seems. It is recommended to register an apartment:
- citizens with heirs;
- people who want to receive property from the state and will be able to bear the costs of its maintenance;
- strong families where everyone trusts each other.
Now it’s clear who should privatize the apartment. Expert advice often emphasizes that it is recommended to refrain from such a step:
- elderly people who want to secure a reliable rear in old age;
- persons not afraid to spoil family relationships;
- poor people who will not be able to pay taxes for an apartment and can’t cope with the maintenance of housing;
- to citizens who do not want to pass on hereditary disputes to relatives (children, grandchildren).
In fact, the decision on privatization, as already mentioned, is made by each person individually. No one can force this step.
Failure Registration
How do they refuse to privatize? This must be done legally correctly. Otherwise, other residents may experience a number of problems.
The refusal of privatization takes place at the notary public. A citizen will have to:
- Collect a specific package of papers. A complete list of them will be presented below.
- Write a rejection text. The application is written in free form, submitted in writing.
- Apply with a package of documents and a refusal to a notary. After the transaction is certified, a citizen will be deemed to have refused privatization.
In fact, everything is much simpler than it seems. What documents are useful for refusing to participate in the process under study?
Documents for rejection
Is it necessary to privatize an apartment? Not. A citizen exercises this right at will. Among the documents requested by a notary, there are:
- application (it is better to compile it with an authorized person);
- social contract of employment;
- identity card of the citizen "refusenik";
- extract from the house book;
- certificate of personal account of the apartment;
- extract from the BTI;
- cadastral passport of housing.
It'll be enough. Privatization is a serious decision with its consequences. Not everyone is ready to become the owner of state property.
Return of Privatization Rights
It is clear what the consequences will be if the apartment is not privatized. Under certain circumstances, a citizen can regain the right to receive property in property. Such cases are rare. Usually, refusal of privatization deprives the tenant of the right to receive a share in the apartment / house.
Good reasons for returning privatization rights may include the following:
- Failure was recognized as an error.
- If a citizen was forced to abandon the right to privatization. For example, threats or violence.
In this case, the plaintiff is obliged to prove the illegality of the privatization without his participation. As already mentioned, such scenarios are extremely rare in practice.