{"id":4571,"date":"2026-08-04T11:09:36","date_gmt":"2026-08-04T08:09:36","guid":{"rendered":"https:\/\/svaroglaw.com\/?p=4571"},"modified":"2026-08-03T11:34:01","modified_gmt":"2026-08-03T08:34:01","slug":"odin-iz-zareestrovanih-proti-privatizaczii-notarialna-vidmova-peregovori-chi-sud","status":"publish","type":"post","link":"https:\/\/svaroglaw.com\/en\/blog\/odin-iz-zareestrovanih-proti-privatizaczii-notarialna-vidmova-peregovori-chi-sud\/","title":{"rendered":"One of the objections lodged against privatisation: a notarial refusal, negotiations or court proceedings"},"content":{"rendered":"

Privatisation is only possible with the written consent of all adult family members, including those who are temporarily absent (Article 8(2) of Law No. 2482-XII). Anyone who does not wish to be a co-owner must draw up a notarised declaration of withdrawal from the process \u2014 and this does not prevent the others from proceeding. If, however, a person has not lived in the flat for more than six months without valid reasons, they may be deemed to have forfeited their right of use through court proceedings \u2014 and the property may be privatised without their consent.<\/em><\/p><\/blockquote>\n

From 15 February 2026, Law No. 4751-IX \u2018On the Basic Principles of Housing Policy\u2019 will come into force, marking the end of free privatisation: Law No. 2482-XII will cease to have effect one year after the termination or repeal of martial law. Consequently, the \u2018all for, one against\u2019 conflict has evolved from a domestic dispute into a legal issue with a deadline: if it is not resolved in time, the flat will remain communal property \u2014 without the right to sell, gift or bequeath it.<\/p>\n

In our experience, the \u2018dissenter\u2019 scenario encompasses three distinct situations, each requiring a different solution: a person who does not wish to become an owner; a person who has gone missing and has not been seen for years; or a person who lives in the flat and is deliberately blocking the process. Let\u2019s examine each one.<\/p>\n

Why consent is essential: what the law says<\/h2>\n

The transfer of occupied flats into joint shared or partial ownership requires the written consent of all adult family members who permanently reside in the flat, including those who are temporarily absent but retain the right to the accommodation (Part 2 of Article 8 of the Law of Ukraine \u2018On the Privatisation of the State Housing Stock\u2019 No. 2482-XII). For children aged between 14 and 18, the written, notarised consent of their parents or guardians is also required.<\/p>\n

This is not a mere formality. Case law is consistent: privatisation carried out without the written consent of at least one adult family member is deemed invalid \u2014 the court will annul both the privatisation authority\u2019s decision and the certificate of ownership. Therefore, \u2018we\u2019ll just submit the application without it\u2019 is the worst possible strategy: even if the privatisation authority overlooks the breach, the outcome will remain vulnerable for years to come.<\/p>\n

\"One<\/a><\/p>\n

Situation 1. A person has no objection to the others, but does not wish to be an owner<\/h2>\n

This is the simplest case, which is often confused with a veto. A family member who does not wish to become a co-owner submits a declaration to a notary stating their refusal to participate in the privatisation. It is important for both parties to understand the consequences of such a refusal:<\/p>\n