Refusal to privatize an apartment (housing)

The process of privatization in Ukraine continues. We are talking about real estate objects belonging to the state housing fund. The purpose of legalization is to create conditions that relate to the realization of the right of citizens to freely choose the optimal way to meet a person's housing needs. Privatization is also aimed at the formation of market relations in the field of real estate. In this article, the specialists of our law firm Prykhodko and Real Estate Partners will explain whether it is legal to refuse to privatize an apartment or other real estate object.

The current procedure for the privatization of an apartment

To begin with, let's consider the restrictions that apply to the free privatization of housing. According to current legislation, each family member can count on privatization of up to 21 m2 of the total area of ​​the real estate object. An additional 10 m2 is provided per family. If, for example, the housing has a larger area, then you will have to pay the difference.

You can privatize free of charge:

1. One-room apartments.
2. Apartments belonging to persons affected by the accident at the Chernobyl nuclear power plant.
3. Apartments that were received instead of a person's own apartment (for example, as a result of resettlement).
4. Apartments where families with many children live.
5. Premises where war veterans and people with disabilities live.

After the submitted documents are reviewed, the commission makes a decision on issuing the Certificate of Ownership. It is also worth noting that in some cases you may be denied the privatization of an apartment.

Peculiarities of privatization

Privatization in Ukraine has the following features:

• It is carried out once

Privatization of state housing can be carried out only once.

• Consent of all family members

All family members must agree to privatization. If someone from the family is against it, privatization is not carried out.

• Area

The legislation regulates living space standards for individuals. If the area of ​​the apartment exceeds the established norms, it will be necessary to pay extra for them.

• Availability of registration

Privatization is not carried out in relation to persons who are not registered there.

Reasons for refusal by the administrative bodies to issue a Certificate of Ownership

The current legislation defines an exhaustive list of grounds on which privatization may be refused:

• Residence of a person in dormitories intended for residence for a certain period of time.

Such temporary residence may be related to obtaining an education, improving professional qualifications, or working under a previously concluded contract.

• A person's stay in the premises, without legally defined grounds for this.
• Accommodation in so-called "special" dormitories.

Such dormitories are intended for short-term residence of persons who: have been deprived of their liberty, need improvement of existing living conditions, etc.

• Persons in need of medical assistance due to tuberculosis.
• Accommodation in hostels with social status.

In some cases, the reasons for refusal of privatization may be the lack of a complete package of documents, which is necessary for the implementation of this procedure.

In any case, the reason for the refusal of the authorized body must be clearly justified and comply with the principles of the current legislation. If this is not true, the protection of the individual's rights is carried out in court. This is one of the issues in which the real estate lawyers of our firm Prykhodko and Partners specialize.

Please note: refusal of privatization is not provided for by the current legislation.

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