The privatization of the apartment. The failure of the (sample)

A Fairly common phenomenon is the privatization of the apartment. Refusal of an apartment when paperwork is the right of every citizen. And no one is able to force its implementation. What does it mean? People on their own or abandons the apartment, or he's involved in privatization and formalize the property on certain conditions. What citizens should know about rejection in this process? What are the nuances you need to consider? Looks like a sample of the rejection of the privatization of apartments? Is it necessary to compile and execute? To understand all this is not as difficult as it might seem at first glance. The main thing - clearly capture the differences between certain terms.

Two concepts are - different meanings

The Thing is that in Russia there are 2 different concepts. The first is the rejection of privatization. The second - refusal to participate (this is important) in privatization. It would seem that these two terms mean the same thing. In fact it is not.

The Rejection of the privatization of the apartment is when a person is just silent. He does not realize their rights in relation to the studied process. Not refusing directly to participate in the privatization, does not agree to the transaction by others. In other words, just don't permit process.

The Refusal to participate in privatization - a form of expression of the citizen. In this case, a person expresses his refusal to exercise the right of privatization. Other citizens can bring the process to life. A form of approval of privatization of apartments without the participation of a person.

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Only after the person will begin to clearly understand the distinction between these actions, you will continue to address the issue. Otherwise you may get entangled and admit a serious mistake.

Refusal of privatization

The first step is to understand what features includes each of the proposed term. For example, the rejection of privatization. Has been said that this kind of form of disapproval of the whole process.

The Documentary evidence it requires. The distinguishing feature is that in this case can not take place the privatization of the apartment. The rejection of the apartments can not be issued, the property remains in municipal ownership. While people will not Express their desire to carry out the transaction or refuse in writing from her, cannot convert public property to private.

Withdrawal from participation

The Following points relate specifically to the refusal of participation in privatisation. Already stated is a form of permission conversion of property from public to private. The person who refuses to participate in the process, will have on housing no significant rights. Accommodation only if it is registered there.

You need to place the privatization of apartments? Failure in the case of the reluctance to participate in the process of converting real estate from one form to another requires documenting. Usually is a special document that indicates the resolution of the other tenants to carry out the idea without one or more residents.

Anyone who does not want to participate in the privatization, needs to issue a denial. At a later date. First, you must understand what the consequences will be to wait for the citizens. After refusal of participation in privatisation is a serious step. It is necessary to consider it thoroughly. To put everything back the way it was before apartment registration in the property, will not work. The refusal in written form confirms the legitimacy of the transaction.

Right to the property

You need to Pay attention necessarily to how many times Russia can participate in privatization. The main problem is that this process is provided by law a limited number of times.

More precisely, that one. Every citizen has the right to participate in privatization once. After this is implemented chance again to be part of the process of transformation of municipal property in private, it is impossible. No such person, easy going privatization of the apartment.

Note that it is mandatory in the corresponding statement which gives rise to a process, specified minor children. To privatize property have the right to all citizens registered in a particular home. Even minors from the age of 14. Them in privatized housing must provide the share is mandatory.

Disclaimer for minors

However sometimes you can find a way out. Need the privatization of apartments? The refusal from the flat a child, as has been said, cannot be made. Juvenile offenders must be made to the contract. But there is one exception.

If you want to privatize the apartment without the baby, will have to apply to the guardianship. Refusal to participate in the privatization will be issued in writing, with the permission of the guardianship.

That is to unsubscribe the minor from the share it can, but it will bring parents a lot of problems. The guardianship and guardianship will learn all the nuances and circumstances of the claims. And only afterhow will prove that the juvenile's interests do not suffer, followed by a positive decision. In practice, most of the kids just always participate in the privatization.

Founding

Many people wonder on what grounds you can refuse the investigated process. And from participation, and from full conversion of municipal ownership to private. And can refuse to privatization according to the law?

Yes, it happens. But it happens very rarely. We should not think that a complete list of documents and proper, consistent treatment of the relevant authorities is 100% success. May be followed by the rejection of privatization of the apartment. The Foundation of the law is available to the municipality.

What? According to the rules, are not subject to privatization following categories of property:

• Dorm;
• "service apartments" - those enjoyed by employees;
• Emergency estate;
• Apartment located in closed military areas (in towns);
• Property owned by the Fund of social protection of the population.

Accordingly, if the accommodation belongs to any of the above categories, followed by the rejection of privatization of the apartment. The reason for this is quite legitimate. But for the voluntary renunciation of good reasons not need. But, generally, there are highlights that help to justify their choice. Remember, nobody has the right to coercion in the writing of the refusal to participate in privatization.

Volunteering

So what are the reasons that most people refuse to convert the real estate into private property? For some reason (in the absence of legal constraints) will be the privatization of apartments? The rejection of the apartments are decorated in a written form, as has been said, allows the rest of the living incarnation of the tasks without a person.

Voluntary reasons are most often the following scenarios:

1. Consideration of increasing the living space. Not all and not always profitable privatization. For example, in communal such a right usually do not use.
2. Taxes. In Russia all the available property you have to pay. Real estate taxes are often repel.
3. Why another may not take place, the privatization of apartments? The rejection of the shares or of the overall process allows you to not worry for the overhaul. In Russia, the homeowners are required to pay for provision of repair work themselves. Municipal property is being renovated at state expense.
4. Subsidies and incentives. Residents of rental apartments are often provided a variety of bonuses from the state. Privatization can take them away.
5. Participation in the privatization of previously. Does not require comments. If a person already was issued a municipal property in private again, he can not participate in the process.
6. Lack of desire to have a share in the apartment. Rare but occurring phenomenon. Sometimes people just do not need the privatization of the apartment. The rejection of the apartments is justified by the fact that the citizen already has a property and he is "inferior to" their share of the other tenants.
7. Disregard of the right to privatization.

The Last option occurs quite often. Citizens with intelligence must use their only right. At the time there are no restrictions. That is, the citizen to participate in privatization may 18, and 48, and 88.

Consequences

In any legally significant action has consequences. The consequences of the studied process? The consequences of the rejection of the privatization of the apartment at least taken away from the citizen the right to be the owner of the property.

In the Russian Federation at refusal of participation in privatisation of the refuse are faced with restricted rights. Such citizens can fix the following:

• Lifetime right of residence (is lost if the person starts to participate in other privatization);
• The right to free housing for government programs;
• Opportunity to purchase an apartment under a social lease contract, if the person is in the affected queue.

Only in the reality not so good as it seems. The registration of abandonment of the privatization of the apartment can deprive a person of housing. In theory, live on the property the citizen has the right. But the landlord can sell the apartment or to meet the conditions of public housing.

Design

How to abandon real estate? It should be noted that the refusal of participation in privatisation is not a very difficult process. The main thing - to know the particulars of the document.

It was Already mentioned that it needs to be presented in written form. Is made at the notary. Only after that can lead to privatization of the apartment. The waiver should be written from a citizen of the following documents:

• Passports of the Russian Federation;
• Certificates confirming the presence of residence;
• Application form (usually drafted by a notary).

All papers served in a notary's office, then issued a confirmation of failure. This document will need to future owners of the property.

Sample

There are special rules which you have to follow if you wantto abandon the process under study. What information should the document contain? Sample rejection of privatization of the apartment of mandatory is:

• Data about the uncooperative citizen;
• Property details;
• The reason for the refusal (not necessarily);
• Date of registration;
• The signature of the person.

Based On the foregoing, there is an example of failure. It will look something like this:

• I, Ivanov Ivan Ivanovich, (passport), hereby Express my right to refuse participation in the privatization of apartments, which you can find at (details). The decision is voluntary. The reasons were explained to me and fully understood. With the consequences of his decision acquainted.

Here's a form of rejection of the privatization of apartments it is possible to fill out and submit the notary. After the certification of the document, it is given to the future owners. The presence of a refusenik when decorating the apartment in private ownership is not necessary. Only his written waiver.