The mother of a disabled child privatized housing for free

Publication date: August 7, 2023

The resident of Zaporizhzhia was convinced that the privatization of housing is not a cheap process and therefore inaccessible to her family with a modest fortune. However, after receiving legal advice and help with the preparation of documents from the lawyers of the NGO “Agency for Democratic Development of Donbas”, the woman was able to privatize the apartment for free and correctly start the sale process.

Svitlana* herself is raising a daughter with a disability of the 1st group. They live in Zaporizhzhia, in a non-privatized two-room apartment with an area of 42 m2. Because of her daughter’s condition, the woman has to move to the city of Dnipro, where her relatives live. But for this she has to sell her apartment, accordingly privatizing it before selling it. Svitlana was convinced that this process is not cheap and that she will run out of money, since the family lives very modestly, especially during the war. That is why she delayed privatization and did not know where to start. But somehow, in a conversation with a neighbor, the woman accidentally found out about the NGO “Agency for Democratic Development of Donbas” and about the possibility of obtaining free legal advice and assistance.

The organization’s lawyer, Tetiana Pliasunova, whom Svitlana contacted, told the woman about the privatization process and explained her rights.

Lawyer’s comment

It is possible to privatize an apartment for one person or several family members.

Privatization is also possible free of charge, but only if a person has not used such a right before – otherwise, state bodies have the right to refuse.

But if a citizen only partially participated in the privatization process, he/she can privatize his/her home free of charge within the framework of the unused norm.

The norm of the privatized area for one Ukrainian and each member of his/her family meets sanitary standards (21 m²), also an additional 10 m² is allocated per family, but the difference will have to be paid extra. Therefore, the cost of privatization in an individual case can vary significantly, and it depends on various factors, for example, where the real estate is located.

According to Article 6 of the Law of Ukraine on Privatization of the Housing Fund, there are special cases in which restrictions on free privatization do not apply:

1. Apartments in which large families live (from three children).
2. Housing in which family members of those who died at work, due to industrial accidents or state duties, are registered.
3. Real estate where people who have benefits established by the state (disabled persons of I and II groups, veterans) live.
4. Apartments in which victims of the disaster at the Chornobyl nuclear power plant live.
5. One-room apartments.
6. Demolished real estate from which its owners were relocated, if they did not receive financial compensation for it.

The lawyer not only answered all of Svitlana’s questions but also helped her with the preparation of documents.

• The consultation provided helped Svitlana prepare documents and privatize the apartment free of charge. At the moment, the woman is engaged in the sale of housing, and plans to turn to our lawyer for help again so as not to run into fraudsters, – sums up Tetiana Pliasunova.

*Name has been changed for ethical reasons.

The material was created with the support of the international charity platform GlobalGiving and the Legal Empowerment Fund (Fund for Global Human Rights program) and the Legal Development Network. The content of the publication is solely the responsibility of the Legal Development Network and does not necessarily reflect the views of the previously mentioned organizations.

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