Among the people who moved into a hostel for “temporary residence” several decades ago, there are a lot of people who want to keep the room forever, simply to privatize it, since there are no prospects for purchasing other housing.
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Let's see how much easier the privatization of a dorm room has become after the adoption of the new federal Housing Code?
How much has the number of refusals to privatize from municipalities decreased and what, besides desire, is necessary for a successful privatization process?
Privatization of a dorm room
It is necessary to note the specifics of the privatization of housing in a hostel in connection with the legal status of the facility. Not so long ago, privatization of buildings on the balance sheet of a municipality or government organization was completely impossible.
Although even now you will have to face difficulties when realizing your dream of your own room. Theoretically, the procedure is very clearly formulated by the legislator; in practice, you can stumble over many pitfalls. And in the time period, privatizing a room takes much longer than an apartment in an ordinary house.
Where to start designing
The process of privatization of real estate is possible only if a number of different conditions are met.
These primarily include the following:
- the state fee has been paid;
- all necessary documents have been prepared;
- the real estate itself belongs to the category of property the privatization of which is possible;
- there are no debts on utility bills;
- citizens who have the right to privatization have formalized their consent or refusal to carry out the process accordingly.
Again, there may be some important nuances and differences - depending on the type of property, as well as various other important points.
You can obtain a complete list of conditions, the fulfillment of which is strictly necessary, through the municipal institution on whose balance sheet the specific property is located.
Is it possible to challenge the privatization of an apartment? Find out in the article: Is it possible to challenge the privatization of an apartment? Is it possible to privatize an apartment with debts on utility bills? It is discussed on this page.
What documents are needed to draw up a social tenancy agreement?
The package of documentation necessary for concluding a contract consists of documents identifying not only the applicant, but also his family members:
- Copies of passports for adults;
- Birth certificates for minors;
- Certificates confirming relationship;
- Copies of marriage (divorce) certificates;
- Documents that served as the basis for moving into a certain living space;
- Certificate confirming that the applicant does not have any other housing;
- An application drawn up in any form.
Submitting an application for privatization of housing in a hostel
The privatization of a dorm room takes on real features after receiving a social rent agreement. Actually, the most difficult stage in the process is concluding an agreement with the municipality. After successful completion of this procedure, privatization is carried out in the standard way - like the privatization of any apartment in any residential building.
An application for privatization should be submitted to the local representative office of the registration chamber (department at the mayor's office or local state administration).
Application (sample) for privatization of housing in a hostel.
Requirements for residential premises
There are rules under which privatization of real estate is possible. The procedure is possible if the following requirements are met:
- the room in the house is a residential type premises;
- before the building was transferred to the municipality, it was owned by a state-owned company;
- the premises will be used for its intended purpose;
- the hostel is a municipal property;
- rooms that have been converted into non-residential premises are not allowed to be registered as property;
- According to the documents, the building cannot be classified as a special purpose fund.
If at least one of the requirements is not met, the citizen will be denied privatization of housing.
Under a social tenancy agreement
In accordance with the law, if a person lives in a premises under a social tenancy agreement, then he has the right to carry out privatization without additional reservations.
In the student dormitory
In this case, the probability of a successful process is very low. The fact is that a citizen receives premises for use only for the period of study at the educational institution that owns this building.
What documents are needed to privatize a dorm room?
The list of documents that must be attached to the privatization application is standard:
- Photocopies of passports of all adult family members with permanent registration, copies must be submitted in the form of all pages of the identity card and confirmed by the originals;
- Copies of children's birth certificates (confirm with originals);
- Technical passport from BTI (room plan);
- Copy and original of the social tenancy agreement;
- A copy of the applicant's personal account;
- Receipt for payment of state duty;
- Extract from the house register;
- Certificate of absence of other housing in the property;
- A notarized refusal to privatize the persons previously living in the room, as confirmation of the absence of claims on their part.
Arbitrage practice
A radical change in positive court decisions occurred from the time the Housing Legislation came into force, and if until that moment the rooms were not transferred by ownership, then after this date all claims found their positive solution.
For the most part, the courts are inundated with lawsuits challenging decisions of local authorities in military camps. The Ministry of Defense of the Russian Federation has assigned the entire housing stock the status of special residential premises, therefore, by law, they are not subject to privatization.
But there are precedents when military personnel managed to remove their rooms from this status, however, subsequent registration will be very difficult - there is no agreement on social rent, because only under this condition can housing be privatized.
Also, most of the claims are related to the refusal due to the disagreement of one of the registered residents to participate in the program for the transfer of housing by ownership.
Here the courts are powerless - no one has the right to force a citizen to exercise his right, because privatization is based on the good will of the registered citizen.
The plaintiff can file various claims, but most importantly, he must ask the court:
- or recognize his ownership of the room occupied for a long time;
- or oblige local authorities to voluntarily transfer property under the privatization program of municipal housing stock under the right of personal property.
The nature of the litigation will depend on the demands made by the plaintiff, and municipal authorities do not always lose to the plaintiff - there are quite enough grounds for refusal. All of them are listed above.
The same package of documents must be attached to the court application. Which were handed over to the municipal authorities to obtain permission + a copy of the reasoned refusal.
Please note that by a separate decree, the President of our country has made privatization permanent, that is, citizens can safely submit documents to transfer ownership of a dorm room.
The pros and cons of privatization are described in the article: privatization. Read about refusing privatization in favor of another person here.
The price of privatization is discussed in this article.
Reasons for refusal to privatize a room under a social tenancy agreement
The municipality does not always meet the applicant halfway and provide the person with a room as their own. Russian realities are such that in most cases those in need of their own housing are faced with a choice: buy a room at market value, or move out within a certain time. There is no question of the legality of such “proposals”.
Other reasons also cannot be called legal: when the building is actually managed by the mayor’s office, but it is documented in the name of a certain organization or enterprise. Or another option: municipality representatives are deliberately delaying the issuance of social tenancy agreements to dormitory residents, although according to federal law this is their direct responsibility and does not tolerate delays.
How to privatize a dorm room if you are refused? In any case when the mayor's office evades compliance with legislative requirements, it is necessary to change the privatization procedure and seek to carry out the procedure through the court.
The procedure for privatizing a dorm room through the court
The probability of refusal of privatization is quite high and the guarantee that the procedure will be started increases significantly after the conclusion of a social tenancy agreement. However, it should be noted that representatives of local authorities are not very willing to take this step, since privatization under the contract is unprofitable for them.
Sometimes they voice this to the room renters, sometimes they don’t even explain the reasons for the refusal. In this case, you should not despair; you need to continue the process by filing a claim with the judicial authorities.
When filing a statement of claim, the applicant should prepare himself both for the expectation, since the court needs time to make an objective decision, and for the fact that the court is not able to force the municipal authorities to sign the privatization agreement. But the court decision has enormous evidentiary power of the applicant’s correctness and the legality of privatization.
In addition to the statement of claim, it is necessary to submit a reasoned refusal of privatization from the municipality to the court.
Download the statement of claim (sample) for privatization of housing through the court.
What to do if several people live in a dorm room?
The theory and practice of socialist dormitories implied the residence of several people who were not relatives in the same area. The trend has turned out to be so strong that in some cases it is almost impossible to eradicate it.
How to privatize a dorm room if the housing is divided into shares? If at the time of privatization two different families or single persons live in the same living space, the court is obliged to take into account the interests of both parties. Having considered all the arguments, the judge may make a decision on:
- Shared participation of applicants for living space, if neighbors actually live in the room;
- Privatization of the entire area in favor of the applicant if the neighbors write an official refusal;
- Privatization of a room by one of the residents (applicant), if the neighbors are only registered, but do not live in the hostel and they could not be found.
Privatization of a passage room in the entrance
Today the process of privatization of common property will be impossible to carry out. Moreover, this point is directly indicated in the legislation that regulates this point.
Accordingly, it will be possible to privatize a passage room in the entrance only in one case - when the entire house belongs to one owner. This point will need to be worked out in advance from a legal point of view.
The privatization process is relatively simple, but has a number of significant features and subtleties.
All of them will need to be dealt with – and as closely as possible. This is the only way to avoid difficult situations.
How long does it take to privatize an apartment, read the article: the procedure for privatizing an apartment. Documents for garage privatization are described here.
The privatization of a cooperative apartment is described in this article.
Advantages and disadvantages of privatizing a dorm room
After receiving the official status of a home owner, all the advantages and disadvantages of privatizing a room become obvious.
Advantages:
- A person finds his own corner in which he has the right to carry out repair work and arrange the design at his own discretion;
- Full disposal of real estate: rental, sale (see Who has the primary right to purchase a room in a communal apartment), donation, inheritance.
The disadvantage is the absolute deprivation of the right to purchase housing in the social queue, since you are already the owner of the property.
