Numerous appeals to the court to protect property rights to an apartment become the reason for considering one such case. The events began in 1995, when the owner received an apartment from the enterprise where he worked. The apartment order stated that this premises was departmental.
After the enterprise was transformed into a joint-stock company, in 2000 the owner decided to privatize his apartment and applied to the enterprise for permission. However, the response received stated that the apartment was listed in the municipal housing fund's property inventory, and the enterprise held it under ownership rights. This fact did not allow free privatization.
Further developments continued in 2007, when the owner appealed to the city administration for permission to privatize, but again received a refusal with an explanation that this residential premises belonged to the enterprise. In early 2008, the owner repeated his application to the joint-stock company for permission to privatize; the response was not immediate and again contained a refusal, the reason being the lack of documents for this dwelling.
In 2004, the enterprise transferred part of the housing stock to the ownership of the municipality, but the list of such apartments does not include the dwelling the owner wishes to privatize. Moreover, the owner was issued a certificate stating that the premises he occupies is not in the federal property register. There are no records of the dwelling in the Unified State Register of Rights, although the premises itself is listed on the balance sheet of the joint-stock company.
The owner was interested in whether he had the right to apply to court for resolution of this issue and how likely it was to ultimately achieve privatization of the apartment. Analyzing the situation, it is easy to see that going to court is the only way to resolve this problem and obtain recognition of property rights to the apartment.
Moreover, it is most likely that the owner will still succeed in having his ownership rights to the apartment and privatization recognized. It should be clarified that the right of citizens to privatize an apartment is not affected by the type of full owner of the property, meaning it may not only be an enterprise.
PR