Exchange of a privatized apartment

Possibility of the procedure

Although the legislation does not have a single act that would consider in detail how to change an apartment to a house, this does not interfere with the procedure.

Indeed, for this purpose, articles of the Civil Code of the Russian Federation numbered 567 and 454, which describe the agreement of exchange and purchase and sale, respectively, are quite suitable.

However, these documents provide only a general concept, so you need to pay attention to other paragraphs of the Civil Code, which shed light on every aspect of the future transaction. Thus, its registration takes place according to the rules of articles 164 and 131, and 568, in turn, reflects the principle of making an additional payment.

Side costs are already controlled by the Tax Code, namely Article 41 and paragraph 17.1 of Article 217 (payment of taxes), as well as paragraph 27 of Article 333.33 (payment of state duties).

Considering the scale of real estate when exchanging an apartment for a house, you should take a thorough approach to ensure that the actions of both yours and the other side are consistent with the legislative framework. In order to comply with the most unobvious nuances, it would be a good idea to take advantage of legal support.

Available exchange mechanisms

How can I exchange an apartment for a house? There are 2 main ways - exchange and alternative transaction . Deciding which one to use depends on your priorities: both options have their advantages and disadvantages. Let's consider the mechanisms for the sale and exchange of apartments and houses.

Barter agreement

The procedure for exchanging an apartment for a house involves the least number of steps separating it from real estate acquisition, and therefore does not require special knowledge for successful implementation.

However, simplicity is not the only positive aspect here:

1. At least those involved in the transaction will not be left without a roof over their heads. Even if circumstances arise that make the agreement invalid, both parties will return to the original position.
2. There is no need to be afraid of a reduction in funds due to inflation.
3. Each party ultimately acquires property that satisfies their subjective, narrow needs. In other words, there is a chance to get more valuable real estate due to the fact that the contract partner will like certain qualities of your home that would be lost during an objective assessment of the value.
4. The agreement cannot be affected by judicial penalties, which is guaranteed by Article 446 of the Civil Procedure Code of the Russian Federation.
5. It is more difficult to lose what you receive as a result of the exchange than the cash on hand, which can push you into dubious adventures before the alternative transaction is completed.
6. Personal income tax only affects the additional payment, of course, if there is one at all.
7. An exchange operation is the best way to solve a housing problem within a family, since in such a situation there is no doubt on one side about the good faith of the other.

Alternative deal

Most people prefer a buy-sell arrangement, even with everything a barter agreement offers.

And this happens due to the lack of reliability of the latter.

By choosing an exchange agreement, you expose yourself to a much greater risk of termination through the court for selfish reasons.

Piecework relationships can be canceled for 3 years, and sometimes for a longer period. You should especially be wary of situations involving minors, elderly or incapacitated persons.

If you are concerned about such scenarios, then it would be wise to choose a less fast, but safer, counter-purchase and sale. The choice in its favor is justified and, if desired, to invest in improving the future living space.

But not only relative reliability is good in an alternative agreement:

1. For those who are buying real estate for the first time, the purchase and sale transaction looks more interesting, since the deduction of the personal income tax base for the purchase of housing is carried out once for each citizen.
2. The need for double registration of exchange necessitates increased costs for it. In addition, you will suffer losses if the transaction partner does not complete his part of the agreement. The extreme will be litigation.
3. Finally, it is very difficult to find a person whose conditions suit you and it would be mutual. You can't expect a large number of suitable offers.

In any case, it will be up to you to decide whether to buy or exchange an apartment for a house.

The procedure for forced exchange of an apartment

Housing can be owned by one citizen or several, if we are talking about shared ownership. Moreover, in both cases, the persons who are the owners of the premises have the right to freely dispose of the object at their own discretion.

There are often situations when one large family or even several families live in one apartment. Improving living conditions is a long process, so some citizens prefer to choose the exchange of living space.

It is possible to carry out such a transaction with the consent of all co-owners of the property. However, it is difficult for several relatives to reach a compromise. In this case, a forced exchange of the apartment is carried out through the court. In this case, housing must be owned by individuals.

There are 2 ways to exchange existing residential premises:

• through barter;
• by selling the property.

The forced method is a longer process than exchange by voluntary consent of the co-owners of the property, requiring the preparation of documentation for going to court and participating in the proceedings.

Conventionally, the procedure for the forced exchange of a privatized apartment can be divided into the following stages:

1. collection of documentation required to go to court;
2. competent execution of the corresponding statement of claim for the forced exchange of real estate;
3. appeal to the district court and obtain the judge’s opinion.

The reason for applying to the judicial authority may be the impossibility of further cohabitation of citizens in the same living space, unacceptable behavior of one of the co-owners or residents, as well as the inability to reach an agreement voluntarily (peacefully).

It is worth noting that it is possible to exchange not only privatized housing, but also property acquired in another way. However, exchanging privatized premises for non-privatized (that is, municipal) premises is impossible.

An exception is the deprivatization of the first apartment or the conduct of a privatization procedure in relation to the second object.

Useful article: How and where to get a certificate from the BTI?

How to exchange an apartment for a private house?

If you want to extract the maximum available benefit when exchanging an apartment for a house, you should organize your activities as follows:

1. apartment cost estimate.
   A person who is well acquainted with the current state of the real estate market can correctly calculate the value of the property being sold. The services of such will come in handy if you don’t want to undercut or charge an unreasonably high price.

   Although many do not recognize the particular benefit of hiring a specialist, this still makes it clear within what monetary limits you can vary the price tag and not lose possible buyers.

2. Searching for options.
   Whether to do this on your own or turn to a real estate agency is up to everyone to decide for themselves. It is worth considering that an attempt to save money on hiring an agent can result in greater losses than when using his services

   .

   It's not just about time, but also about mental health. Communication with potential transaction partners, as well as successful bargaining, will test your nerves, which a realtor who is accustomed to this type of activity can handle much better.

3. Examination of the cost of a suitable home.
   It must be remembered that private housing is a priori more expensive than apartment meters. This means you will have to think about paying extra, unless of course you are not happy with the prospect of moving into a house that is inferior in terms of conditions to your current home.

   In any of these cases, it is important to make an accurate assessment of the future purchase so as not to overpay for an already expensive move.

Participation in the procedure of exchanging an apartment for a house or cottage by real professionals has many advantages in resolving the housing issue: they take on the routine of considering options, negotiations with sellers and all related operations, presenting only the most worthy offers to clients.

Do you want to know how to profitably exchange an apartment for a house outside the city? We recommend watching this video:

How does the exchange procedure take place?

In fact, the procedure for exchanging an apartment with an additional payment is a standard sale under a purchase and sale agreement. There is simply a clause in the contract that states that one of the parties pays the difference in the price of two real estate properties. The procedure follows the same principle of purchase and sale. When the seller and buyer agree on housing options, a contract is concluded. Which is sent for registration to the Unified State Register of Rights of Individuals. As for the package of documents, the same documents are collected as in the case of concluding a purchase and sale agreement. The package includes:

• cadastral passport,
• certificates of ownership of real estate objects,
• certificates of absence of debts
• other papers such as spouses’ consent to exchange.

List of documents

What documents are needed to exchange an apartment for a house? This is a list of papers that each party must provide :

• concluded agreement;
• cadastral and technical passports for your facility;
• document proving ownership;
• a statement from each family member approving the transaction;
• ID cards;
• receipt of payment of duty.

If a minor has ownership rights, alienation will not occur until a corresponding certificate from the guardianship authority is presented, giving the go-ahead for the operation.

Form of agreement for the exchange of residential premises.

Sample of spouse's consent to exchange an apartment for a house.

Where are the papers submitted?

In order for the exchange to take place from the point of view of the law, registration must take place in Rosreestr . You must send a package of documents there, having first checked the presence of all the required papers. The contract cannot be called valid until the execution comes to an end.

The process of confirmation by law of the concluded agreement takes 5 - 12 days . The state fee charged for recording legal relations in the register is 2,000 rubles.

When is registration not possible?

Rosreestr has the right to refuse registration if there is a shortage of at least 1 minor document in the submitted packages or an erroneous registration.

Before you exchange an apartment for a house, you need to check the following circumstances, because they can also serve as an obstacle to the transaction:

• one of the parties lost membership in the housing cooperative;
• housing has received emergency status and is awaiting demolition;
• the fact that the contract is fictitious is revealed.

The objects around which the deal is built must be privatized without fail. Otherwise, the whole undertaking will be in vain.

Exchange

Three-room apartment

It will be easier to exchange a three-room apartment for a house, because the residents of a private building, spoiled by the spaciousness of their home, will be more willing to accommodate than in the case of one- and two-room apartments.

In addition, when exchanging a three-room apartment for a house, there is a chance to do without additional payment and get solid real estate if your apartment has an advantageous location in terms of infrastructure, outstanding internal condition or other advantages.

One-room

If you decide to exchange a one-room apartment for a house, you should understand that this desire is unlikely to be realized without additional payment . It will be quite possible to collect this amount if the lack of rooms in the apartment is compensated by first-class renovations and other advantages, and at the same time you are satisfied with a simple private home without frills.

Two-room

When exchanging a two-room apartment for a house, and there is a difference between them in square footage and other indicators that affect the overall value of housing, the same rules apply as described above.

Municipal housing

Based on legal norms, the forced exchange of a municipal apartment is virtually impossible, since such housing is not the property of citizens, but belongs to the ownership of municipal authorities. Persons living in a municipal apartment due to a social tenancy agreement cannot freely own or dispose of it.

However, such housing can be exchanged for a similar one under the same living conditions with the consent of local authorities and all citizens living in the apartment.

According to Article 72 of the Housing Code of the Russian Federation, persons who have entered into a social contract. rental, has the right to apply for the exchange of this municipal apartment for another provided by tenants on the same conditions. If other residents do not agree with the exchange, it is possible to file a corresponding lawsuit in court.

Instead of this document, a corresponding extract from the Unified State Register is issued, which has similar legal force. At the same time, the owners’ certificates of ownership do not need to be replaced, since they remain in force. In addition, the changes did not affect the registration process itself and the cost of state duties.

It is easiest to exchange a privatized apartment. In this case, the property is owned, so the owner can perform any manipulations with it. You can make an exchange in two ways: direct or alternative exchange. Let's consider both options.

Direct exchange

This scheme has been practiced in our country since the times of the Soviet Union. Its essence is to find suitable housing, after which the owners change the property. If the exchange is unequal, for example, a one-room apartment is exchanged for a three-room apartment, the amount and procedure for additional payment are discussed.

Here the owner puts the property up for sale, while simultaneously starting to look for an option to purchase. This option is best done with the participation of a real estate agency. Such offices have a large database, so finding a suitable option will not take much time. By the way, about 80% of sales in our country take place according to this scheme.

At first glance, everything looks simple, however, such methods are suitable if the property has the same owner. In practice, this happens extremely rarely. If the apartment is in shared ownership, then the exchange will require the consent of all homeowners. Moreover, if one of the co-owners is against the deal, it will not be possible to force him to forcibly exchange his share even through the court.

If exchange is the only way to improve living conditions, you need to try to come to an amicable agreement with the person who disagrees. If the refusal is received again, there is only one option left: buy out your neighbor’s share or sell your own. This option has only one drawback - it is almost impossible to purchase housing with the proceeds from the sale of shares.

To obtain permission to exchange an apartment, you will need to collect the following package of documents:

• certificate of privatization of housing. The paper is presented in two copies: for the acquired and exchanged real estate;
• certificates of absence of arrears in payment of utility services;
• extract from the house register;
• act on the assessment of real estate;
• papers confirming relationship with the minor owner.

Please note that this is an approximate list of documentation. Depending on the situation, the guardianship authorities may require additional papers.

An exchange request is considered within 14 days. If the rights of the minor are not infringed after the exchange (the share does not decrease, there are equal living conditions), the transaction will be approved. The same procedure applies to incapacitated owners.

As you can see, the procedure is quite labor-intensive, but changing a municipal apartment is even more difficult. Let's move on to this issue.

When wondering how to exchange a non-privatized apartment, people will encounter a lot of legal difficulties. Firstly, a municipal apartment belongs to the owner under a social tenancy agreement. Accordingly, a person is not an owner, but a responsible tenant. Therefore, a person will not be able to use the alternative exchange option, as mentioned above.

A non-privatized apartment cannot be sold; this is contrary to current legislation. Secondly, you can only exchange a non-privatized apartment for a similar one, which significantly reduces the number of available options.

As in the previous case, to carry out the exchange procedure it is necessary to obtain the consent of all residents. If none of the people living in the apartment are against moving away, you can look for suitable options.

Here you will encounter the first difficulty - no more than 20% of the total housing stock remains in our country. In addition, you will have to search on your own. Realtors are extremely reluctant to undertake the exchange of municipal apartments. The reason is simple: there is a lot of work to be done, and the financial benefits of a real estate agency are minimal.

If the living space is occupied by a family with a minor child, the situation is complicated by obtaining permission for the transaction from the guardianship authorities. We mentioned above what documents are required for this.

Even if you find a suitable option, the local municipality may not approve the deal. Social rent agreements for apartments participating in the exchange are presented here. Consideration of contradictions to the transaction takes 10 days. You cannot exchange a municipal apartment in the following cases:

• the landlord terminates the social tenancy agreement with the responsible tenant;
• the apartment belongs to the tenant on controversial grounds;
• the house where the living space is located is subject to major repairs with redevelopment of the premises;
• the housing is declared unfit for habitation;
• The house has been declared unsafe and is subject to demolition.

If you were refused based on the reasons given, then you will not be able to challenge the decision even in court. Other reasons are not considered justified and can be appealed in court. If there are no contradictions to the transaction, the exchange will be approved, and new social rent agreements will be concluded with the residents.

In the case of non-privatized housing, it is possible to exchange the apartment through the court. This practice is used if one of the owners is against the exchange being carried out. Unlike privatized apartments, a dissenting relative can be forcibly evicted from municipal housing. You can do this as follows:

1. Collect evidence base. To do this, you will have to look for suitable options and offer the disagreeing relative for resettlement. The refusal received must be documented.
2. Having gone through several options for exchange, a statement of claim is drawn up in court, which states that agreement has not been reached and the plaintiff demands to forcibly exchange the apartment.
3. The found options for exchanging living space must be attached to the claim. If such options are not available, the court will clearly refuse forced resettlement.

If the court finds your arguments convincing and the proposed options acceptable, then the disagreeing relative will be forced to leave the occupied living space. At the same time, his wishes for a new apartment will not be taken into account; the move will take place to the most suitable apartment.

The disadvantage of exchanging a privatized apartment through the court is the loss of time. The litigation can last several months, and it is not a fact that the residents of the other apartment will agree to wait such a long time.

Other Important Features

In order to give events the right vector of movement from the very start, it is better to choose a reliable real estate agency that would screen out dubious offers , checking each home for legal purity and the absence of signs of any fraudulent schemes.

An agency employee will also help you draw up a contract correctly, reflecting a detailed list of conditions in such a way as to ensure maximum protection against fraud or unforeseen consequences.

The situation can become more complicated if we overlook claims for living space by disabled people, incapacitated people or minors.

Exchange of an apartment without the consent of the owner

It is impossible to exchange an apartment through the court without the consent of the owner or one of the owners. The court cannot oblige the owner of the apartment or the owner of the share of the apartment to make a decision on the exchange.

What to do? For such cases, it is necessary to either allocate shares in the apartment in kind for each of the owners, and exchange or sell the share in the apartment to owners who wish to partition.

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Summing up

If you are choosing between exchanging an apartment for an apartment or a house, we advise you to make a decision in favor of the second option. However, it is important to remember that a large-scale transaction involving real estate cannot be neglected.

Against the backdrop of the dangers and inconveniences that can overtake careless apartment sellers, saving on the cooperation of realtors and lawyers looks extremely unjustified.

And although now you know how the exchange of an apartment for a house occurs, it would be wise to acquire reliable companions who will help you achieve your goal with the least risk.

What are the chances?

Is it possible to exchange a non-privatized apartment?
There is a chance to exchange a municipal apartment. According to the law, there is no prohibition on exchanging public housing provided for residence for another.

However, it is worth considering all possible options separately.

Is it possible to exchange a non-privatized apartment for a privatized one? It is not possible to exchange a municipal apartment for a privatized one. The laws clearly establish the rule according to which such action is possible in relation to apartments of the same form of ownership.

In practice, the owner of the apartment would hardly agree to exchange it for a state-owned one.

Even if this happened, the law does not allow the implementation of such a scenario.

Read about the rules for exchanging a privatized apartment in our article.

Exchange of a municipal apartment for a municipal one. Is it possible to exchange a non-privatized apartment for a non-privatized one? The only way to change living space provided under social rent is to do it for the same living space.

This is sometimes necessary to change your living conditions when there is no other choice. However, in order to exchange a non-privatized apartment for a non-privatized one, it is necessary not only to select an alternative, but also to obtain written approval from all family members.

It is strictly required to obtain the same confirmation from the lessor.

Is it possible to change a municipal apartment without the consent of the residents? According to Art. 72 of the Housing Code of Russia for a trouble-free exchange for a selected option of living space, you must obtain approval:

• landlord;
• family members of the tenant living in this premises.

This means that the consent of absolutely all residents is not required if, for example, there are strangers among those registered.

Paragraph 3 of this article establishes the possibility of going to court if consensus is not reached between the employer and residents. In addition, it indicates the right of the court to make a decision on the forced completion of the desired procedure.

Housing Code of the Russian Federation Article 72. The right to exchange residential premises provided under social tenancy agreements

1. The tenant of a residential premises under a social tenancy agreement, with the written consent of the landlord and members of his family living with him, including temporarily absent members of his family, has the right to exchange the residential premises occupied by them for residential premises provided under a social tenancy agreement to another tenant.
2. Members of his family living together with the tenant have the right to demand from the tenant the exchange of the residential premises they occupy under a social tenancy agreement for residential premises provided under social tenancy agreements to other tenants and located in different houses or apartments.
3. If an exchange agreement has not been reached between the tenant of a residential premises under a social tenancy agreement and the members of his family living with him, any of them has the right to demand a forced exchange of the occupied residential premises in court. At the same time, attention-worthy arguments and legitimate interests of persons living in the exchanged residential premises are taken into account.
4. The exchange of residential premises provided under social tenancy agreements and in which minors, incapacitated or partially capable citizens who are family members of the tenants of these residential premises live, is permitted with the prior consent of the guardianship and trusteeship authorities. The guardianship and trusteeship authorities refuse to give such consent if the exchange of residential premises provided under social tenancy agreements violates the rights or legitimate interests of these persons. Decisions of the guardianship and trusteeship authorities to give consent to the exchange of living quarters or to refuse to give such consent are made in writing and are provided to applicants within fourteen working days from the date they submit the relevant applications. Providing applicants with decisions of guardianship and trusteeship authorities on giving consent to the exchange of living quarters or on refusing to give such consent can be carried out through a multifunctional center.
5. The exchange of residential premises provided under social tenancy agreements can be made between citizens living in residential premises located both in the same and in different settlements on the territory of the Russian Federation. The exchange of residential premises is carried out without limiting the number of participants, subject to the requirements of Part 1 of Article 70 of this Code.

Other options for exchanging a municipal apartment for an apartment. There is another option for performing this action - privatization of the apartment. If you privatize municipal housing, then you can barter absolutely freely without asking for anyone’s approval.