Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Privatization of an apartment without a warrant through the court
Many Ukrainians who have settled in state-owned apartments have still not been able to privatize them. The main obstacle is often the lack of necessary documents, including a housing order. Despite this, the lack of an order is not a legal basis for refusing to privatize an apartment, and a person can appeal such a decision of the privatization body to court. How this happens and what needs to be taken into account – we will analyze in the article by our lawyer below.
When does a person have the right to privatize an apartment?
According to Article 2 of the Law of Ukraine “On Privatization of State Housing Stock”, the right to privatize state or municipal housing is granted to every citizen of Ukraine who legally resides in it on a lease basis (or a member of his family, respectively). The following are subject to privatization:
- apartments in apartment buildings;
- single-family houses;
- living rooms in dormitories;
- rooms in apartments or houses where several families live.
Important to know! When privatizing an apartment, it is necessary to take into account the restrictions on area established by current national legislation. In particular, during free privatization, a member of the tenant’s family has the right to 21 sq. meters of total area, and if necessary, an additional 10 sq. meters. For more detailed information, we recommend that you order a consultation with our real estate lawyer.
What documents can confirm your right to privatization?
In addition to the apartment warrant, there are other documents that can confirm your legal right to use it. Such documents include:
- first, the apartment lease (lease) agreement;
- second, a certificate of registration of the place of residence.
Important! If there is no other option, you can restore the lost apartment warrant for further privatization. Its copy is stored in the archives of the relevant local council, the municipal enterprise servicing the building and other entities by law.
When can the privatization of an apartment be refused?
It is worth emphasizing that the refusal of privatization is possible only in cases clearly defined by current national legislation. The main list of such grounds is as follows:
- housing does not belong to the categories of real estate that can be privatized (for example, these are museum apartments, one-room houses in military settlements, service apartments until the removal of their special status, and others);
- the person has already used his right to free privatization once;
- the citizen cannot properly confirm the legality of residence in a state or communal apartment;
- there is no written consent of all family members to privatization (if the applicant lives or plans to live with them in the relevant apartment).
Privatization was denied due to the lack of a warrant: will there be obstacles to appealing?
As already partially noted earlier, the refusal to privatize housing only due to the lack of a warrant for an apartment is unlawful, since a person can provide other documents confirming the presence of the relevant right. Moreover, the main criterion for privatization is the legality of settlement and the fact of permanent residence in the apartment. And if the warrant is lost, it can always be restored by obtaining a duplicate from the archives of state bodies. However, more often citizens choose the option of appealing such a refusal in court.
How to privatize an apartment without a warrant through the court?
If you have been denied privatization, you can protect your rights in a local court. The correct procedure will be as follows:
- receiving a written refusal from the privatization authority (it must also contain a justification for the refusal);
- preparing documents to confirm residence (a rental agreement, a certificate of family composition or registration of your place of residence);
- filing a statement of claim to declare the decision of the state body invalid and an obligation to take appropriate actions (the statement must describe in detail the circumstances of how you received housing, why there is no warrant and why you consider the refusal unlawful);
- submitting additional documents to confirm your legal position;
- paying the court fee and providing the original receipt for confirmation accordingly (the clear amount is established in the Law of Ukraine “On Court Fee”).
Privatizing an apartment in court is a complex process that requires professional knowledge and skills. Legal support from the company “Prykhodko and Partners” includes providing consultations, appealing against the refusal to privatize on the basis of the lack of a warrant for an apartment, and full support of the client in court.
The services of our specialists also include, if necessary, obtaining the necessary certificates and sending official requests to state authorities and local governments to obtain documents. To find out the price of services in your case, please fill out the form below.
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Do you need help to restore your apartment warrant?
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Do you want to appeal the decision to refuse to privatize your apartment in court?
In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
You may also need:
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