Exchange of one-room, two-room, municipal apartment

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Despite the fact that the privatization reform came into force more than twenty years ago, a significant proportion of housing that makes up the secondary housing stock is still in state and municipal ownership , which gives the right to live in it exclusively under a social tenancy agreement.

Transactions with such real estate are virtually impossible, so for many families who want to leave, the problem of exchanging non-privatized apartments is extremely pressing.

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Division and exchange - what's the difference?

The division of a non-privatized apartment means the division of personal accounts in it , however, within the framework of the current Housing Code of the Russian Federation, this operation cannot be carried out .

In the case of non-privatized living space, it is allowed to exchange it for the corresponding number of square meters of apartments with a similar ownership status , owned by one landlord, which significantly limits the choice of future housing.

Read the article on how to privatize an apartment yourself here.

Types and rules of exchange

The procedure depends on various factors, so you must first study information from legal acts in order to avoid any violations and errors.

Features of the exchange agreement.

To a privatized facility

The exchange of a privatized apartment is carried out taking into account the rules:

exchange is permitted only for another privatized object;
the owners themselves can choose the optimal agreement for executing the transaction, so they can exchange the entire apartment or only parts belonging to each person individually;
before selling a person’s share under Art. 250 of the Civil Code must offer part of the housing to other co-owners;
if other owners refuse to buy the share, they must formalize such a decision in written official form, and the document is certified by a notary.

Article 250. Pre-emptive right to purchase
1. When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.
Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.
2. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.
If the remaining participants in shared ownership do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person. If all other participants in shared ownership refuse in writing to exercise the pre-emptive right to purchase the share being sold, such share may be sold to an outsider earlier than the specified deadlines.
The specifics of notifying participants in shared ownership of the intention of the seller of a share in the right of common ownership to sell his share to an outsider may be established by federal law.
3. When selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.
4. Assignment of the pre-emptive right to purchase a share is not permitted.
5. The rules of this article also apply when alienating a share under an exchange agreement.

Important! Co-owners must be offered a price for the share at which it will be sold to other persons.

To a non-privatized apartment

This process is considered complicated, since the owner of the property is the municipal authorities. Exchange is also allowed for non-privatized objects and with the permission of the authorities, and it is the municipality that is often involved in the selection of suitable objects.

For municipal housing

It will not be possible to exchange a privatized apartment for an object that is municipal, since its owner is represented by regional authorities. This is due to the fact that residents are not owners of housing, and therefore cannot independently manage it.

It is allowed, with the participation of the municipality, to exchange non-privatized apartments. To do this, you must additionally obtain consent from all citizens registered in the facility. If there is no permission for the process from municipal authorities, then the exchange will be declared invalid.

Without the owners' consent

If one of the owners of a privatized apartment is against the exchange, then it is impossible to force the process without his consent. This is not allowed even if the citizen’s behavior is illegal or immoral, so it is simply impossible to live with him in the same living space.

How to privatize an apartment?

The only way out of this situation is to sell shares. To do this, you must first offer part of the property to other co-owners.

With registered citizens

The procedure involves changing the owner of the property, so all people who are registered in such an apartment lose the right to live in it. But at the same time, there are some citizens whom even the new owner cannot discharge.

These include:

minors;
dependents;
people who voluntarily abandoned the privatization process.

These citizens must be indicated in the contract. Such people can only be evicted through the courts, and usually such cases are obviously losing.

In case of divorce

If the exchange is made by former spouses, then it is taken into account that the apartment is joint property, so it is first divided. The shares must be equal unless there are marriage contracts or other grounds for unequal division.

How can you exchange a municipal apartment through the court? Details here.

Separation is carried out through the court or when drawing up a peace agreement. Afterwards, the property is sold and the funds are divided, and you can also exchange for two different smaller apartments with an additional payment.

Implementation of the process between relatives

It doesn’t matter who the co-owners of the apartment are to each other. For such an exchange, general rules are used, but the difference is that if relatives buy shares from each other, then they do not need to pay personal income tax on the income.

Exchange with minors

If a child is registered in the apartment, then permission from the guardianship authorities will be required to carry out the process. In this case, there must be evidence that the baby will be moved to better real estate.

How to exchange an apartment for a house or new building? Watch the video:

What can interfere?

In Art. 73 of the RF Housing Code outlines a number of circumstances prohibiting the exchange of non-privatized housing:

The living space is classified as official or allocated by a specialized fund;
There is arrears in paying utility bills , which can lead to litigation around the apartment;
Housing has emergency status;
The house must be demolished or overhauled , or completely re-equipped for other purposes;
A citizen undergoing treatment for a dangerous infectious disease can move into communal housing ;
Guardianship and trusteeship authorities are able to “block” the exchange if minors, incompetent or partially capable persons living with any of the parties have less living space than stipulated by legislative acts.

Exchange of non-privatized housing in stages

The main task when exchanging real estate is an agreement between the people living in the apartment. Having the consent of all residents greatly simplifies the procedure for exchanging a municipal apartment, and if there is no agreement, the matter must be resolved in court.

Previously, positive court decisions were common, but recently the percentage of negative decisions has become almost absolute. Therefore, there is no need to bring the situation to the point of judicial intervention.

Search for options

The situation in the country is such that residents have to deal with the issue of selecting options for exchange on their own. This is due to the fact that the law does not provide for the obligation of municipal authorities to find new housing for exchange. Realtors, in turn, also refuse to deal with this issue. This procedure is not profitable for real estate companies.

The legislation provides for the opportunity to select options for exchange in other cities. All you need is the consent of the owner organization.

Social rent agreement

Housing that the state provides on preferential terms is called social housing. The groups of persons who can use these benefits are determined by law. The procedure itself is prescribed in Chapters 7 and 8 of the Housing Code of the Russian Federation.

Before you can use the apartment received as a result of the exchange, you must sign a social tenancy agreement with the landlord. The subject of the agreement may be the following premises:

Houses or parts thereof;
Apartments or parts thereof;
Rooms.

The contract must include a description of the item (type of housing, location of the property and its size, description of the condition of the housing, as well as an inventory of all property located inside).

A special feature of this document is its perpetuity. Therefore, it can be terminated at any time by agreement of the parties. This rule is regulated by Article 60 of the RF Housing Code.

Before exchanging a non-privatized apartment, you must terminate the existing social tenancy agreement and enter into a new one. An agreement must also be concluded between the tenants, which is called an “exchange agreement” and signed by the tenants of the exchanged premises in accordance with Article 74 of the Housing Code of the Russian Federation.

Documentation

To sign a social tenancy agreement, you will need to collect the following list of documents:

Where can I get a certificate of family composition?

A certificate of family composition, or a certificate of registered persons can be obtained quite quickly. Where to do this - read this article

Original documents that confirm the identity of all family members;
Application for conclusion of an agreement;
Certificate of family composition, as well as identification documents of all its members;
Certificates confirming the conclusion or divorce of a marriage;
Extract of resolutions of the executive committee on the provision of housing, as well as a warrant.

The Housing Code provides for the conclusion of such an agreement with a legally capable and adult person.

Permission to exchange

Before you start collecting documents, it is worth considering that you can exchange a non-privatized apartment only with the permission of the municipality. This permission is issued in writing or by means of a resolution placed on the exchange agreement, which must subsequently be certified by a notary.

Conditions and procedure for exchanging residential premises

The main step in the matter of exchange is reaching agreement between family members living in a non-privatized apartment.

If no one has any objections, you can start looking for suitable options for exchange.

You will have to do this on your own , because real estate agencies, due to the lack of profit, refuse as best they can from participating in the exchange of non-privatized apartments, and the state and the municipality have no obligation to help the population in such situations.

Finding housing for exchange is quite possible. The law does not prohibit looking for it even in other cities; with the consent of the owner organization, moving non-residents into a non-privatized apartment is not prohibited .

How the deal happens:

Sign an exchange agreement;
Terminate previous social employment contracts;
Conclude new contracts with other landlords.

Tenants of the residential premises being exchanged shall conclude an exchange agreement in writing (Article 74 of the Housing Code of the Russian Federation), with subsequent provision of its original to the renting organizations in order to obtain permission to carry out the exchange.

We offer you agreements on the exchange of residential premises occupied by citizens under social tenancy agreements: .

A social tenancy agreement is drawn up with the owner organization and the new tenant, providing for the transfer of all rights and obligations.

The permission or refusal must be stated by the landlord in an official document and delivered to the tenant or his representative no later than ten working days from the date of the tenant’s application.

An exchange carried out in non-compliance with the provisions established by the Housing Code may be declared void in court. If offenses committed by one of the parties to the contract are revealed, the guilty party is obliged to compensate the injured party for all losses incurred by it (Article 75 of the RF Housing Code).

How to divide a municipal apartment between relatives during a divorce | About the law

The state has provided citizens with the opportunity to privatize housing received under a social tenancy agreement. Not all tenants exercised this right for personal reasons. Upon divorce, property is divided equally.

The rule does not apply to government property. It belongs to the category of housing that is not subject to division. The husband and wife have no property claims to this type of property.

If the marriage relationship has ended, the former spouses think about whether or not the municipal apartment is divided during a divorce, and how to carry out the procedure.

Is it possible to divide public housing during a divorce?

An apartment received by a citizen under a social tenancy agreement is not recognized as the property of the tenants. It is the property of the municipality. Tenants have the right to use housing on equal terms.

Most often, an apartment is given to one family member, the second moves into it as a spouse. Even the main tenant is not the owner, and the registered other half only gets the opportunity to live in the living space.

After the divorce process, the former spouses are not family members. The main tenant can initiate the eviction of the second tenant from the apartment.

How can you divide?

A man and a woman after the termination of a marital relationship have two options for the development of events when dividing state property:

exchange of living space,
privatization before the official divorce with the subsequent allocation of equal shares.

The best way out is to come to a peaceful resolution to the issue, to agree on which version of events is most acceptable for both.

Exchange of a non-privatized apartment

It is not always possible to exchange municipal housing. If its area is very small (a room in a communal dorm), dividing the room into two equal ones will not work.

The demands of one of the spouses for compensation for the due share are illegal, since the main employer is not the property owner.

If the right to stay in an apartment is lost after a divorce, the former other half can get on the waiting list for housing, acquiring the status of someone in need.

The exchange of public housing is possible only by selecting an option for the same municipal property.

The rights and obligations of a citizen living after a divorce in the same territory as the employer are preserved. He must pay all the bills.

If a man and a woman after a divorce do not agree on the exchange of an apartment, the tenant can go to court by submitting the following documents:

statement of claim,
receipt of payment of state duty,
personal documents of all residents of the apartment,
a copy of the rental agreement,
birth documents of children,
copies of personal accounts.

If minor children live in the apartment, the division will require permission from the guardianship authorities.

Privatization and division of real estate

If spouses plan to break off the marriage relationship, the first step is to resolve the issue of privatization of municipal housing. The procedure will allow everyone to receive a share in their own apartment in the future.

After the divorce, the man and woman will decide on the division of real estate. During privatization, each family member claims an equal share of the living space with the others.

If there is an adult in the family, he will also receive a share in the property. Privatization is impossible without the consent of all tenants. If there is a minor child in the family, he will also receive part of the apartment.

After privatization, former spouses have several options for dividing real estate:

sale, division of funds,
purchase by one of the spouses of the entire living space (the second is signed out voluntarily).

After the housing becomes property, the ex-husband and wife can exchange it.

Section of personal accounts in a municipal apartment

Until the ex-spouses have decided on the status of the property, both are financially responsible for utility bills.

What documents are needed to exchange an apartment?

Citizens wishing to exchange non-privatized living space will need the following list of documents provided to the housing department of the city/local administration:

A copy of the social tenancy agreement from each tenant;
Application for exchange with signatures of adult residents;
Certificate about residents registered in the apartment;
Certificate of absence of debt for housing and communal services;
Technical documentation from the BTI for all apartments participating in the exchange;
Extracts from house books may be needed ;
When living in an apartment for minors, incompetent or partially capable residents, permission from the guardianship and trusteeship authorities .

If you want to find out whether it is possible to sign a person out of an apartment without his consent, we advise you to read the article.

How to exchange a municipal apartment between relatives in 2020

The right to use under a social tenancy agreement does not imply the possibility of full disposal of real estate. Sale and other forms of alienation are prohibited. Having figured out how to exchange a municipal apartment between relatives, you can perform the necessary actions without violating the norms of current legislation. In difficult situations, an appropriate court decision will be required to eliminate the problems.

Is it possible to exchange legally

The norms of the Civil Code and Housing Code of the Russian Federation provide for the possibility of performing such actions in agreement with all family members of the responsible tenant. Using this method, they organize a move to another city for employment and solve other practical problems. The refusal of at least one of the residents blocks the corresponding process. As noted above, this restriction is removed during the trial.

Features of owning a municipal apartment.

It is known that owners can very quickly and profitably exchange one large apartment for two small ones. But tenants of municipal real estate do not have the full right to dispose of it. Thus, there is no possibility of bequeathing, donating or selling this apartment. The only option for exchanging public housing is to agree on the terms of the transaction with the municipality.

Making such a deal is not easy, because you need to coordinate a huge number of factors. For example, the first condition is that all persons registered in the apartment must agree to the exchange. If children or disabled people are registered in the apartment, then it is necessary to obtain a supporting document from the local guardianship authorities. The guardianship authorities may refuse to exchange if, after the exchange of housing, the living conditions will be worse. Local guardianship authorities may regard this as an infringement of the rights of incapacitated and minor persons. The decision will be made within two weeks.