Often several people are registered in non-privatized apartments, including minors. Many citizens are wondering if only some of them can receive such housing free of charge. Will those who wrote a refusal to participate in privatization have any legal opportunities? Consider this issue in more detail in the article. 
The legislative framework
Answers to the above questions can be found in the Federal Law No. 1541-1, which regulates the privatization process. The general procedure is established by Article 2 of this Law. In particular, it says that citizens who occupy the living quarters of a state or municipal fund on social security terms are entitled to privatize real estate with the consent of persons who have come of age together with them and have reached the age of 14-18 years. The areas are transferred to joint ownership or are issued on any one. According to Art. 11 of the Federal Law No. 1541-1, all citizens of the country have an equal opportunity to privatize (once) free of charge housing in a state, municipal or other housing fund that is not prohibited by law. 
Why do we need property?
Privatization of a dwelling allows a citizen to dispose of it at his own discretion. Own real estate can be leased or rented, sold, bequeathed, donated, exchanged, made other transactions that do not contradict the law. Along with this, after privatization, a citizen acquires a number of duties. In particular, the owner bears the burden of maintaining the property in full. According to the provisions of the Tax Code, he is obliged to pay tax on his available area. Its calculation was carried out earlier in accordance with the inventory value.
However, after some amendments have been made to the Code, the tax is calculated at the market price of the property. In addition to directly privatized housing, a non-identifiable share of the total property available in the apartment building is transferred to the property. In particular, we are talking about elevators, pipes, garbage chutes and other engineering equipment, walls, roof, basement, stairwells, ceilings between floors and other objects and elements serving more than one isolated room. The costs of maintaining all this property are borne by the owners. Unlike tenants who rent housing from the municipality under preferential terms, the owners of the premises are not guaranteed the opportunity to obtain another area in case of loss of available space.
Refusal of privatization: rights
If one of the persons decided not to use the opportunity to get housing in the property, it can be issued to other citizens registered in it. The statement must be certified by a notary. Refusal of privatization does not deprive citizens of the opportunity to use the premises. However, the law provides for exceptions to this provision. So, according to Art. 31, part 4 of the Housing Code, in cases where family relations with the owner are terminated, the right to use is not retained, unless otherwise provided in the agreement. 
Controversial moment
It should be noted that in Art. 19 of the Federal Law governing the implementation of the Housing Code, it is provided that the provisions of Article 31, part 4 of the LC does not apply to persons with whom the family relations with the owner of the privatized premises are terminated. However, in this case, the indicated citizens at the time of acquisition of the property should have had equal and legal opportunities to use the area.It follows from this that persons having a notarial refusal to privatize in favor of a person living with them cannot be evicted from the premises.
In this case, they will still have the opportunity to use the area. Moreover, this right will be absolutely unlimited. The same opinion is shared by the Armed Forces of the Russian Federation. The Supreme Court points out that if a citizen with whom the family relationship was terminated had equal opportunities at the time of obtaining housing in the property with the person who designed the premises, but made a refusal to privatize the apartment in favor of the latter, he cannot to be evicted from it, because it has the ability to use it indefinitely. In other words, he actually remains the tenant of the premises further. 
Required documents
Refusal of privatization is made in writing. Moreover, as mentioned above, such a statement must be certified. For this, a citizen with a passport and papers for the premises must contact the notary's office. An authorized person will provide an application form. The citizen filling out the refusal of privatization fills it in person. The form contains individual data, information about the passport, the place of residence of the applicant.
Property Ownership Process
When submitting documents, citizens often face some difficulties. As a rule, difficulties arise if one of the cohabiting persons declares refusal of privatization. For registration of the property, first of all, documents are required confirming that the premises are in use, passports of citizens registered in it. If minors live in the apartment, it is necessary to present a decision of the guardianship and guardianship authority. All actions relating to the privatization of an apartment - transfer to joint or sole ownership of someone, are carried out with the voluntary consent of all persons registered in it.
Opportunities for minors
Persons under 18 years of age who live together with the main tenant of the premises and are previously family members or former ones, are also entitled to privatize housing on an equal basis with other citizens. Minors may be excluded from joint ownership by their trustees or guardians with the permission of the authorized body. If children (a child) under 18 do not live in the premises, are in another district or city, their refusal to privatize and attendance are mandatory. This is necessary in order to guardianship authority I was able to fix this, otherwise the procedure cannot be started. 
Refusal of privatization: consequences
Before writing a statement, a citizen must understand what it entails. First of all, it is worth noting that the refusal is carried out only in favor of other future owners. The share is equally distributed between them. It is impossible to refuse privatization in favor of one if there are more than two registered citizens. The transfer of its share does not deprive a person of the opportunity to register property in the future. Also, as mentioned above, refusal does not entail eviction from the apartment. In addition, if such a citizen is on the waiting list to improve living conditions, he still has the opportunity to receive premises at a discount. Minor citizens are generally included in the number of owners automatically. Exceptions are cases provided for in the law when the refusal of persons under 18 years of age is agreed upon and confirmed by the guardianship and trusteeship authority. 
Important point
If any member of the family categorically disagrees with the privatization, then it cannot be carried out. An application for this must be executed in the manner prescribed by law.In the event of the death of the main (main) employer, the living space may again become the property of the municipality (state). In a statement of refusal, a citizen, among other things, must indicate the reasons for his decision, confirm his intention and a request to exclude him from the number of owners. 
Finally
The process of refusing to privatize any of the registered citizens was discussed above. In general, the procedure is not accompanied by any difficulties. The main condition for the validity of a refusal is its notarial confirmation. Without the identity card of the authorized person, the document - application - is invalid. In addition, it should be remembered that a person who has refused privatization retains the right to use the premises indefinitely. This also applies to a former family member if, at the time of the procedure, he had equal rights with everyone else. The privatization process itself will require the citizen to provide documents. These include the social security agreement.
