Having a communal apartment, property owners are wondering whether they need to have a cadastral passport for a room in the apartment. Having a cadastral passport for a room in an apartment, you can privatize housing, buy out a room, and make a competent division of all premises within one apartment. In order to receive documents from Rosreestr, we suggest using this service. You can obtain any cadastral document regarding property rights. We draw the attention of owners of a room in an apartment that the cadastral passport for the room, starting from 2020, will become part of the Unified State Register of Real Estate, in accordance with the new legislation in the cadastral field.

Distinctive features of cadastral registration of a room

In accordance with the provisions of cadastral policy in Russia, each apartment must have a cadastral passport, which is compiled for housing as a whole. The owner of the room can receive a unique cadastral number for housing, which is reflected in the cadastral registration of real estate. In a special section of the cadastral passport for an apartment, there is all the necessary data for each owner of the apartment, including for a separate room.

To obtain a cadastral passport, you need to draw up a technical plan, which is developed by a cadastral engineer. The technical plan development function is under the jurisdiction of the BTI, and the document contains the following information:

• Total area of ​​the room.
• The physical address of the room in the apartment, its serial number.
• On what floor is the room located?
• General cadastral number of the building or house.
• The unique cadastral number of the apartment where the room is located.
• Schematic floor plan showing the room layout.

In general, the room is part of the apartment, therefore, if you are its owner, then a separate unique cadastral number is issued for the property right (apartment), and title documents for the room are attached, the information is reflected both in the cadastral passport and in the Unified State Register of Real Estate extract .

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Where to start, is it possible and how to privatize a dorm room: documents, how much it costs

Many people dream of owning their own living space, especially young married couples in our country. One of the options for realizing what you want is to privatize a dorm room. If you have a social tenancy agreement in your hands, then this is not difficult to do. And how exactly, let's figure it out.

Is it possible to privatize a dorm room?

Relatively recently, a number of amendments were made to housing legislation that allowed the transfer of dorm rooms into private ownership, but they only apply to some residential properties.

Privatization of rooms is possible if:

• the hostel is under the jurisdiction of the administration of the locality, that is, it officially has the status of an apartment building;
• title document for the room - social tenancy agreement;
• The object being redesigned is an isolated room, that is, it has a separate entrance.

But it will not be possible to register part of the living space, for example, a separate kitchen or bathroom. After completing the procedure, tenants become the owners of only the occupied room; common facilities: corridors, bathrooms, kitchens remain under the jurisdiction of the municipality.

Reasons for privatization

To understand the main reasons that make people think about privatizing housing, let's look at all the pros and cons of the consequences of re-registration.

Advantages:

1. Citizens have their own living space.
2. The owner receives the right to dispose of real estate at his own discretion. This means that at any time he can sell the room, exchange it for another home, indicate it in the will, pledge it to the bank or donate it.
3. Square meters are purchased practically free of charge, not counting the cost of registrar services.

The main disadvantage of privatization is the appearance of the obligation to pay property tax (calculated individually taking into account the cadastral value, paid once a year).

How to privatize a dorm room?

The first thing employers who decide to privatize a room should do is obtain information about the status of the property. If the building where the object is located is municipal property, you can safely proceed to re-registration. In all other cases, the transaction will be refused.

Order, stages

If, after consulting with all family members, you decide to privatize a dorm room, your action algorithm should be as follows:

Procedure

Detailed instructions for privatizing a dorm room:

1. We determine the status of housing . You can find out this from the receipt for housing and communal services, in the column owner of the house, in addition, pay attention to the column of expenses, if there is an item “under a social tenancy agreement”, there will be no problems with privatization.
2. We decide on the participants and issue official refusals. Each refusal must be certified by a notary office.
3. We prepare documents and submit them to the local administration. When handing over the package, all participants in the privatization must be present, including minor children. If the application is approved, we proceed to the next step. If you receive a refusal, we find out the reasons, correct the shortcomings and submit the documents to the administration again.
4. We conclude a contract for the transfer of real estate. This stage also takes place at the mayor’s office, in the presence of the employer and other participants.
5. We register property rights in Rosreestr. The easiest and fastest way to do this is to apply to the MFC State Budgetary Institution “My Documents”; after the new data is entered into the register, we receive an extract from the Unified State Register of Real Estate.

Documentation

It is advisable to start preparing documents in advance; the main package should include:

• passport of each participant or birth certificate (for minors under 14 years of age);
• either extracts from the Unified State Register of Real Estate, or a cadastral passport for housing and certificates from each participant stating that he has not previously carried out free privatization of municipal property;
• social rental agreement;
• extracts from personal accounts and house books;
• application for privatization.

In some cases, registrars may require additional documents:

• if a representative performs actions on your behalf - a notarized power of attorney and a passport of the authorized person;
• if incapacitated persons or persons with limited legal capacity are involved in privatization, permission for guardianship;
• if someone does not want to participate in the process - notarized waivers.

Price

Despite the fact that privatization in Russia is carried out free of charge, some costs will still have to be incurred when re-registering ownership rights, namely:

• for obtaining cadastral and technical documentation – 2500 rubles;
• state duty for privatization in 2020 – 2000 rubles for each adult participant;
• for an extract from the Unified State Register of Real Estate – 300 rubles per participant;
• for registration of notarized powers of attorney – 1000 rubles and more;
• for notarial refusals - 1000 rubles each.

How much it costs to privatize a room in each specific case can be found out by summing up all the cost items. The more participants, the more expensive the procedure.

Deadlines

Privatization of municipal real estate is not a quick process. It will take approximately 2 to 4 months to completely redecorate a dorm room.

Grounds for refusal

Refusals to privatize dorm rooms are not uncommon in practice.

The following factors may serve as the basis for such a decision by the local administration:

• the object is owned by any department or belongs to a special fund;
• The application is not accompanied by a complete package of documents or some of the certificates are expired/improperly completed;
• illegal redevelopment had previously been carried out at the site;
• the applicant did not pay the state fee or did not confirm payment with a receipt;
• housing has been withdrawn from circulation.

What to do if refused?

All refusals are divided into justified and unjustified. In the first case, to solve the problem, it is enough to correct the violations indicated in the explanation of the negative decision and submit an application to the mayor’s office again, in the second, justice can be restored only through the court.

Procedure

In order to obtain permission to privatize a room, you must proceed as follows:

1. After receiving a written refusal from the Housing Department, we draw up a statement of claim for recognition of the rights to privatization.
2. We attach a package of documents to the claim and submit everything to the district court office.
3. We participate in all hearings, defending our legal rights.
4. We receive a writ of execution.
5. We register property rights in Rosreestr.

Timing and cost

The main type of expense is the state duty, the amount of which in 2020 for individuals for claims of a non-property nature is 300 rubles.

Such claims are considered from 2 to 5 months. It all depends on the complexity of the case, the positions of the parties to the dispute and the workload of the court.

Arbitrage practice

Most often, when considering such issues, the courts side with the tenants of dorm rooms. Provided that the latter provided all the necessary evidence of rights to the room, including the social tenancy agreement.

Example. Citizen Zhmaev Yuri Borisovich, having got a job in a commercial organization, moved into a departmental dormitory. After some time, the company announced liquidation and the hostel became municipal.

The man applied to the housing department of the city administration to conclude a social rental agreement and subsequent privatization of housing, but was refused.

An employee of the mayor's office argued his decision by saying that Yuri Borisovich initially moved into departmental housing, therefore he has no rights to municipal housing and he can only obtain ownership of a room by purchasing square meters from the city.

Zhmayev, after consulting with lawyers, appealed to the district court, indicating in the statement of claim a demand to recognize his right to conclude a social tenancy agreement. The court, having examined the positions of the parties, satisfied the plaintiff’s demands. Zhmayev, having a court ruling in hand, easily concluded an agreement with the municipality, and after some time privatized the housing for free on a general basis.

Sometimes difficulties with privatization occur due to the absence in the city of one or more registered residents in the room. For example, if someone moved for permanent residence to a neighboring region, but did not consider it necessary to check out of the hostel.

Since privatization is possible only with a unanimous decision of all residents, and communication with one is lost, the problem can also be resolved through the court. To do this, it is necessary to file a claim to recognize the absent citizen as having lost the right to use the room.

You can indicate as reasons: non-payment of utility bills or prolonged absence from the place of registration. Almost all such cases are considered in favor of the applicants, and the defendant is forcibly evicted.

If you encounter any difficulties with privatizing a room in a communal apartment, be sure to contact the specialists of our website to receive free advice.

If you do not have the time or sufficient knowledge to carry out this procedure yourself, then contact an experienced lawyer. He will be able to completely take over the collection of documents, participation in court hearings and obtaining a certificate of ownership.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: https://allo-urist.com/kak-privatizirovat-komnatu-v-obshhezhitii/

Features of registration and cadastral passport for a room in an apartment

Cadastral registration of a communal apartment is mandatory for the total area of ​​the premises, but if there are legal owners of the premises inside the apartment, the document must indicate the data of the owners of the real estate. In addition, if there is an encumbrance on the room (for example, arrest, pledge, etc.), this data is also reflected in the “rights and restrictions” section. All information is provided in the public domain using Rosreestr services. The closed part contains information about the legal capacity of the copyright holder and is not disclosed to anyone except the requirements of the courts or other interested parties.

Price

12 thousand rubles. per room

Deadlines

Why register a room separately?

Cadastral registration of rooms is carried out when registering rights as a result of:

• privatization of rooms in communal apartments;
• repurchase of rooms from the property of the city of Moscow;
• dividing owned apartments into rooms.

In all these cases, the room must be accounted for as a separate piece of real estate in order to be registered.

How to register a room in the cadastral register?

The room is registered in three steps:

1. obtaining title documents;
2. preparation of a technical plan;
3. cadastral registration and registration of rights.

Step 1. Obtaining title documents

The following is suitable as a title document for a room:

• issued by the Housing Policy Department:
• social rental agreement;
• order of the Department of Housing Policy and Housing Fund of the City of Moscow;
• order;
• transfer agreement;
• barter agreement;
• contract of sale;
• certificate of state registration of the right to an apartment;
• the court's decision.

Step 2. Drawing up a technical plan of the room

The technical plan for the room is prepared by a cadastral engineer. The technical plan must indicate:

• room area;
• her address;
• the floor on which it is located;
• cadastral number of the building;
• cadastral number of the apartment in which the room is located;
• floor plan, indicating the room on it.

The basis document for the technical plan is the declaration of the property. The declaration must be drawn up and signed by the owner of the room.

In addition to the declaration, to prepare a technical plan you need:

• title documents;
• extract for the apartment in which the room is located;
• floor plan.

Step 3. Registering the room with the state cadastral register and registering the right

To register a room with the state cadastral register and register a property, you need to submit an application to the title registration authority. A technical plan is attached to the application.

Read more: Illegal use of someone else’s property article

After checking the application, the information will be included in the real estate register, and you will receive an extract for the room.

Our work includes:

• obtaining an extract for the apartment;
• filling out a declaration on the property;
• preparation of a technical plan of the premises.

We help:

• fill out an application;
• submit documents to the registration authority by proxy, bypassing huge queues;
• get an extract from the Unified State Register for the room.

see also

Customer Reviews

Our customers are owners of large residential complexes, retail and office real estate, individuals and government agencies

When making a transaction with a room in a communal apartment, you may come across the opinion that an extract from the Unified State Register is not issued for such living space. However, this is not true; this is confirmed by an example of a statement for a communal apartment. The document in our country is issued for any type of real estate - apartments, houses, land plots, including rooms. An extract to a communal apartment has some peculiarities. Each room is recorded as a separate object and has its own cadastral number. In addition, each such object has its own owner. If you buy a communal apartment or a room in it, you should protect yourself from the unexpected appearance of the owners of the living space. And cases of fraud are not so rare when a person pretends to be the owner, but is not one. An extract from the Unified State Register of Communal Services will help clarify many points regarding real estate.

Privatization of a dorm room: where to start, what documents?

Until recently, conflicts between the norms of the Federal Law “On the Privatization of Housing Stock in the Russian Federation” and the provisions of the Housing Code made it impossible to privatize a dorm room. Today, the privatization of such residential premises is feasible, however, this procedure has some peculiarities.

Requirements for residential premises

Housing legislation establishes mandatory conditions under which privatization of a dorm room is possible. These conditions include:

• the hostel in which the room is located must be on the balance sheet of the municipality and not belong to a specialized housing stock;
• Previously, before the house was transferred to the balance of the municipality, the hostel was on the balance sheet of a state or municipal enterprise;
• the hostel is used for its intended purpose - that is, for citizens to live in it.

Among other things, the room that is planned to be privatized must have the status of a residential premises. Thus, if the room has been converted and is defined in the title documents as a room with a different purpose, for example, as a recreation room or foyer, privatization will be denied.

The absence of any of the above conditions may be a reason for refusal to carry out the procedure. However, it should be noted that in case of refusal by the municipality, privatization of the dorm room through the court is possible.

Privatization of a dorm room under a social tenancy agreement

As mentioned above, the hostel in which the room that is planned to be privatized is located must be listed on the balance sheet of the municipality. Accordingly, a social rental agreement must be concluded with one of the persons living in the room indicated in the order. The basis for concluding a social rental agreement will be a room order.

Without this agreement, the privatization procedure cannot be carried out.

Where to start privatizing a dorm room

The authority to carry out the privatization procedure for rooms is usually vested in the municipality. Thus, the package of documents must be sent to the appropriate department of the administration of the city, district, or municipal district.

It is necessary to collect the following documents to privatize a dorm room:

• passports or birth certificates of all persons living in the room, including those indicated in the order;
• application for privatization. The form for such an application has been established; samples are available in municipalities. The application must be certified by the housing maintenance service;
• copy and original cadastral passport of the premises;
• order;
• social rental agreement concluded with the municipality;
• a certificate stating that the persons participating in privatization have not exercised this right earlier;
• a certificate stating that the room has not been privatized previously;
• extract from the register of municipal property;
• extract from the house register;
• extract from the personal account;
• if necessary, a refusal of family members who do not want to participate in privatization, certified by a notary.

Documents concerning technical information about the premises are prepared at the branch of the Federal State Unitary Enterprise "Rostekhinventarizatsiya". Other information should be obtained from the administration and housing maintenance company servicing the hostel.

To carry out privatization, you must pay a state fee, the amount of which is 500 rubles.

If the documents are correctly drawn up and collected in full, the municipality must enter into an agreement with the tenants on the privatization of a room in a hostel. The average period for concluding such an agreement is 1 month. Further, on the basis of an agreement on the transfer of ownership of the room, the right should be registered with the Rosreestr authorities.

Quite often, municipalities do not have a clear position on whether a dorm room can be privatized. It is likely that the applicant will be denied the privatization of the room with reference to the norms of legislation on the privatization of housing stock. As mentioned above, in this case, this procedure should be initiated in court.

Judicial procedure for privatization

If a municipality refuses to carry out privatization, there is nothing left but to privatize a dorm room through the court.

To carry out the procedure, a statement of claim must be sent to the court at the location of the hostel. It should be noted that a claim may contain two types of claims:

• oblige the municipality to conclude an agreement with the applicant on the transfer of ownership of the room through privatization;
• recognize ownership of the room through the privatization process.

Which of these requirements to indicate in the claim depends on the grounds for the refusal and the situation in which the privatization procedure is being carried out. The list of documents that must be submitted to the court is similar to the list for privatization in municipal bodies, with the exception of an application for this procedure.

If the requirements are formulated correctly and a complete package of documents is provided, the court will most likely satisfy the applicant’s demands.

After receiving the court decision, you must provide the municipality with the decision that has entered into legal force and write an application for privatization. Based on these documents, the administration is obliged to conclude an agreement on the transfer of ownership of the room through privatization. Ownership rights must also be registered with the Rosreestr authorities within a month.

Privatizing a dorm room is not an easy procedure. The municipality has many reasons for refusing to carry it out - from the improper status of the hostel to incorrect execution of documents for privatization.

Thus, in order to privatize a dorm room, it is recommended to seek help from a good specialist. Our website lawyers can provide the following assistance:

• collection of documents for privatization;
• obtaining consent for the privatization of family members, formalizing a refusal to participate in this procedure;
• preparing a statement of claim;
• support of privatization after receiving a court decision;
• assistance in registration of property rights;
• other services.

In addition, you can get free legal advice on privatization issues from us.

Source: https://33urista.ru/article/kak-privatizirovat-komnatu-v-obschezhitii

Do I need a cadastral passport to sell a room?

“After January 1, 2013, the cadastral passport of a building, structure, premises or object of unfinished construction is a mandatory attachment to the documents necessary for the implementation of the grounds for state registration of rights to such a real estate object, established by paragraph 1 of Article 17 of this Federal Law, only if information about such real estate is not available in the state real estate cadastre.”

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What does a cadastral passport look like?

N The following additional information about the object of registration is also entered into the Unified State Register:. Technical and cadastral passport Technical and cadastral passport Technical passport A technical passport is an information and reference document that reflects the actual condition of a residential premises.

Registration of apartments and rooms for cadastral registration Registration for cadastral registration of apartments and rooms Cadastral passport To register a room for cadastral registration, you should obtain a cadastral passport, which contains individual information about the property, which is necessary for completing and registering transactions.

As for the cost of cadastral registration of a room in a communal apartment, our clients can be sure: it will be as minimal as possible.

There is also an important condition: the hostel must be listed on the balance sheet of the municipality, and before that it must belong to a state enterprise and be used directly as a hostel.

Although the procedure for transferring ownership of residential premises is established by law, in practice future owners often encounter difficulties.

The current legislation stipulates this nuance. It is provided that the process cannot last more than twenty working days from the date the cadastral registration authority received the relevant application. However, there are different situations in life, and we understand this. That is why clients of our Center can count on the issue being resolved as quickly as possible, literally within a matter of days. In any cases of unreasonable refusal and evasion of the administration from fulfilling established legislative requirements, it is necessary to change the procedure for carrying out privatization and go to court.

Registration of a room in a communal apartment for cadastral registration

To obtain a passport, you need to collect a package of all kinds of documents, including, in particular, explication, floor and technical plans. The latter consists of graphic and text parts.

To register a room in an apartment for cadastral registration, you must also have a technical passport of the BTI, a receipt for payment of the state duty. You should take care of a power of attorney for our employee if the client entrusts him with the relevant work. After this, you can contact Rosreestr.

It is necessary to take into account the fact that if the room is not isolated or separated from other premises in the building, the relevant authority has the right to decide to refuse to register the premises with the state cadastral register as an independent real estate object.