The privatization of an apartment through a court is the recognition of an agreement on the transfer of living space into ownership as invalid. The law provides for certain rules for carrying out this procedure. Let us consider in more detail the procedure for privatization of the apartment. 
General information
Voluntary transfer of housing back into the ownership of the municipality is called deprivatization. It can be made at any time at the personal request of the owner. If the contract on the transfer of housing to the property was concluded with violations, then the forced privatization of the apartment is carried out.
Grounds
The contract may be declared invalid if the person did not have the right to participate in such a transaction. It should be noted that citizens who have privatized once can not carry it out again. It follows from this that persons who transferred housing back to state ownership cannot claim their right to anything else. In addition, the law provides for the rules by which the privatization of an apartment with a minor (legally incompetent) is carried out. These persons are not entitled to conclude an agreement on their own if:
- The form of the transaction is not respected, and the agreement does not contain material conditions for this.
- There is no consent or rejection of all persons over 18 years of age living in the premises.
- There is no agreement with the guardianship and guardianship authorities.
The contract will also be considered invalid if the housing was privatized, which, according to the law, cannot be transferred into ownership. 
Important point
Many citizens reside in emergency homes dormitories, office apartments, military camps. Such premises cannot be transferred into ownership. As an exception, the housing fund, which is under the jurisdiction of state farms, agricultural enterprises, as well as USZN.
Privatization of the apartment: reasons
The procedure for the return transfer of housing to property may be due to:
- Lack of funds for housing maintenance.
- The desire to ensure safety. For example, a lonely pensioner may suffer from the actions of scammers.
The privatization of the apartment may be due to the relocation of citizens from unsuitable premises. In this situation, the former owners may receive an equivalent improved area. 
Negative sides
The privatization of the apartment has several disadvantages. In particular, a citizen loses property. If the apartment has been privatized, it will not be possible to sell or buy it. In addition, difficulties arise when registering or discharging persons from the premises. The owner at his sole discretion has the right to deregister someone. To do this, he needs to write a corresponding application to the FMS. But the tenant of the living space - the former owner - can carry out an extract / registration only in cases prescribed by law and through the court.
Process
To privatize the apartment, you must submit an appropriate application to the authorized bodies. Together with him, an agreement is provided on the transfer of ownership of the premises. In general, the package of documents is similar to that submitted for privatization. After the application is submitted, an agreement on the return transfer of housing to the state will be concluded within two months. This document should be registered with the Fed. In general, the terms of privatization of an apartment are within three months. 
Special conditions
In some cases, privatization may be denied.In particular, this occurs when:
- No consent of all owners.
- There are burdens on housing (it is pledged or acts as collateral for a bank loan).
- Not recognized as a one-time residence of a citizen.
You should also be aware that the emergency room or located in the house for demolition is not subject to privatization. If there are children under the age of 18, difficulties may arise with obtaining permission from the guardianship and guardianship authorities.
Package of documents
For privatization, you must provide:
- Consent of all available owners.
- Title papers: an agreement on the transfer of housing, certificate of registration of rights (originals).
- Extract from the Unified State Register on the absence of encumbrances (restrictions).
- Technical passport BTI (floor plan, housing explication).
- Extract from the home ownership book (from the date of check-in).
In some cases, additional help may be required. The most accurate list of required securities can be found directly when contacting the authorized body. 
Effects
Upon recognition of the invalidity of the privatization agreement, the owner becomes a tenant, and the apartment passes into state or municipal ownership. If the premises were sold or exchanged, then participants in the transactions will be returned to their original position. In order to avoid such problems when purchasing a privatized apartment, you must carefully study the documents. In particular, to pay attention to the people who lived in it - were there among them incompetent or under the age of 18, when exactly the premises were transferred to the property and so on. You should also make sure that no transactions have been made that may be declared invalid.
Subjects of law
To file a claim with a court of law on invalidation of the contract may:
- Participants in privatization.
- Third parties interested in this (family members of any of the owners).
- Trustees or guardians.
- The prosecutor.
- The authority of guardianship and guardianship, speaking in defense of the interests of the legally incompetent (minor).
- State authorities and local government.
A special case
In practice, there are situations when privatization of a share in an apartment is carried out. This happens when the distribution of parts of the premises between owners is improper. Such privatization is also conducted through the courts.
Low-income citizens
In accordance with the Federal Law governing the entry into force of the housing complex, this category of persons has the right to transfer housing owned by them by right of ownership to the municipality or the state. The authorized bodies, in turn, are obliged to accept such premises and conclude social lease agreements with former owners. However, in this case, certain conditions must be met. First of all, a privatized apartment should be the only place of permanent residence. In addition, it should be free from obligations. For example, if it is pledged under a loan agreement, then it can be privatized only after the obligation is paid off. The same provision applies to debts for utilities. 
Carrying out the procedure in Moscow
In the capital, privatization is carried out under the Law governing the transfer of privatized housing to urban ownership. This normative act establishes the rules for the return of premises that were thoughtfully taken into ownership. For privatization, you should contact the state authorities at the place of residence. Within a month from the date of filing the relevant application with the former owners, a social loan agreement is concluded. It must be said that the citizen's appeal must be signed by all homeowners.
Otherwise, voluntary privatization is not possible. The social loan agreement lists all relatives of the former owner who possessed the right of ownership.Persons who do not act as members of the family retain the right to use the premises, according to the agreement concluded at the check-in. A statement of claim for invalidating an apartment privatization agreement can be sent to court within three years from the date of registration of the agreement. If this period is skipped, it can be restored. But at the same time, the court must recognize the reason for the pass as valid.
