Is it possible and how to sell a municipal apartment without privatization, purchase and sale of municipal housing

• Until the living space is privatized, the law prohibits residents from selling, bequeathing and performing other actions with the apartment, since it actually belongs to the state.
• The program for the privatization of housing and other real estate has long been part of the lives of citizens, however, in fact, about 20% of all residential real estate is still at the disposal of the state.
• This is not surprising, since many simply do not see the point in this, since rent still remains lower than the property tax, and what is the point in privatizing housing if it is already in perpetual use.

But what if you urgently need to sell a non-privatized apartment? Is there a procedure that will allow council housing to be sold? We will answer these and many other questions related to the sale of a municipal apartment in our article.

Is it legal to sell?

By law, only the owner can sell property. This is completely justified, because if the property is on the balance sheet of the state, then all concerns regarding its maintenance also fall on the administration. This includes major and cosmetic repairs of housing, maintenance of communications, and organization of all possible work to care for the surrounding area.

The free privatization program was partly initiated based on these considerations; besides, rental payments are rarely able to cover repairs and elimination of breakdowns in the old housing stock, which is increasing every year. By registering ownership of an apartment, you undertake all obligations in these matters, or rather, they are assumed by the HOA to which your apartment and the house as a whole belong.

It is impossible to close our eyes to the fact that many partnerships are simple commercial organizations whose interests are not troubleshooting, but making profits, which makes this form of organizing a household community extremely unattractive. In connection with this, many do not want to privatize an apartment, so as not to fall into the clutches of swindlers. In addition, you can live on municipal property under a rental agreement completely unhindered, so why privatize the apartment.

Privatization is necessary primarily for those people who want to change their home, or transfer it under a gift agreement, or bequeath it to a specific relative. To carry out these operations it will be necessary to privatize the apartment. However, regarding the issue of sale, it is possible to avoid this need.

How to sell

There are 2 options that you can take to sell an apartment that has not been registered as a property.

Both of them are completely legal, but, one way or another, are associated with risks. However, before you start selling, you should make sure that privatization of your apartment is even possible.

There are cases in which privatization cannot be carried out:

• The housing is recognized as unsafe;
• Lack of a rental agreement;
• Unattended housing. It is rare, but it happens that for various reasons the owner of a property is absent;
• The housing does not belong to the municipality. This also happens, for example, in cases where the house was built for employees of a research institute, university, or factory;
• Re-participation in privatization. In this case, you will need to pay for the procedure, since you have already used your free right;
• Inconsistency of documents and refusal of one of the registered ones will not give you the right to undergo privatization.

Having found out your right to privatization, you can begin to implement one of the sale options. Here:

• Apartment exchange;
• Registration of privatization together with the buyer.

Both of these options are quite legal, but at the same time completely different. Let's look at each in detail.

Apartment exchange

This option is associated with great risks, but you do not need to privatize your home. At the initial stages, this task will not require the intervention of companies and organizations, but further actions and the outcome of the situation will still depend on the real estate company.

The fact is that the exchange is such only on paper, in reality it is a sale with a buffer. A buffer is real estate that is owned by a real estate agency.

When making a sale, the buyer first acquires a buffer living space, after which he exchanges money with you, and as a result of the transaction, receives your apartment, and you, in turn, receive money from realtors, according to the reverse purchase and sale procedure.

The risks here are primarily related to the fact that the agency may turn out to be unscrupulous, as a result of which you will be left without an apartment and without money.

When exchanging a municipal apartment, we recommend that you inquire about the history of the organization. If you find inconsistencies, then you should refuse the services of such a company.

Trust only trusted realtors who have a client base and worthy recommendations.

Of course, you can do without the services of a real estate office and find a private seller who will agree to have his home serve as a buffer in your transaction, but this is quite difficult and time-consuming.

Regarding the timing of such a transaction, it is simply impossible to predict them accurately. At the initial stage, you will need to find a buyer who will agree to purchase municipal housing.

You can do this either on your own or with the help of realtors, but it is important to remember that the registration of the exchange takes place almost during a consultation and while the search for a person interested in the exchange takes place, your documents will be in the hands of the real estate agent, which is also quite risky.

The period for completing a housing exchange based on an order varies around 10 days, which is much faster than purchasing a privatized apartment and is a definite plus.

Documents for exchange

To exchange a municipal apartment, you will need a full package of documents for the apartment and some certificates, which will be required to be submitted to the administration in order to obtain permission to exchange. You will need:

• Passports of everyone registered in the apartment;
• Certificate of family composition, issued from the house register in the housing and communal services;
• An extract from the personal account confirming the absence of debts;
• Preferential certificates, if any;
• Order or contract of employment;
• Documents confirming your right to privatization;
• Cadastral documents, including a copy of the cadastral plan of the apartment;
• Refusal from privatization certified by a notary;

In addition to the package of documents required to be provided, you will need to meet the following conditions:

• All persons registered in the apartment must have an address at which they will be registered after the transaction, and the number of residents registered must correspond to the number of registered residents;
• The exchanged living space must be more than 15 square meters.

Upon contacting a real estate company, you and the agent draw up a statement indicating your desire to exchange living space for buffer real estate.

This application will be submitted to the administration along with a similar application from the buyer, where the buffer property will be designated as his property.

The realtor finds a client who wants to purchase your living space, after which a purchase and sale transaction for the buffer is drawn up between the client and the company. It is important to note here that not everyone is able to appreciate the advantages of buying municipal real estate, although there are quite a few of them.

So, for example, when buying municipal real estate, you can be sure that no one will cancel the deal, and that the property is not under arrest. Along with this, there are also disadvantages, which are mainly related to the fact that privatization will have to be done independently, and when issuing a warrant for a new tenant, it is necessary that the old tenants be discharged.

After this, an application for the exchange of real estate is submitted to Rosreestr, which, after a week’s consideration, puts forward a response. Refusals in these cases can occur in the same cases in which privatization is not possible, otherwise problems should not arise.

After this, an exchange agreement is drawn up between the seller and the buyer, which will be provided to you by the real estate agent. The buyer may also insist that you indicate the terms of the statement in this or a separate document, which he has every right to do.

Then, you and the real estate agency terminate the purchase and sale agreement, as a result, you receive the money, and the realtor gets the buffer property back. When contacting a real estate office, ask to conclude an agreement that will detail all stages of the transaction you are making. This will help protect you and the buyer from fraudulent activities.

Attention It is worth mentioning that it is advisable to check out of the apartment immediately after completing the transaction. This will be correct from the point of view of business ethics and will remove obstacles to the buyer in executing a warrant or contract of employment for himself.

Privatization together with the buyer

1. Here everything happens according to the usual procedure for registering real estate as a property, with the exception of a small difference.
2. The only difference is that since privatization occurs due to the sale of real estate, he must bear the costs associated with the execution of this transaction.
3. To do this, you need to find a person who is interested in buying your apartment specifically, because you will have to take a deposit from him, which the client may not like.

First, you will need to collect all the documents necessary for privatization. This package will be the same as during the exchange process, with only one exception.

All persons registered in the apartment, as well as persons who left the apartment after 1991, must give their consent to the privatization of housing. Consent is drawn up in writing and sent to the administration along with all documents. You will also need to provide a receipt for payment of the state duty.

After considering your application, the administration will issue you a certificate of ownership, which will allow you to continue registering the apartment. After going through the procedure for obtaining a certificate, you should contact a notary to draw up a privatization agreement and have it certified.

Deadlines

The described transaction may be delayed by the absence of some documents, the restoration of which will take time. We recommend that you use the services of the MFC when submitting documents for privatization, this will minimize time costs. On average, the privatization process takes about 2 months. The timing of the sale and purchase agreement should be determined independently.

Risks

In this case, you, as a seller, may encounter the buyer changing his mind. Privatization in this case will already be launched and it will be impossible to reverse it. We recommend that you foresee such a development of events and enter into a preliminary agreement with the buyer with a deposit. This will allow you not to make a mistake and make sure of the client’s reliability.

Bottom line

Today, MFC organizations are opening in many localities. This system is aimed at systematic submission of documents, according to the “one window” principle. By contacting us, you can privatize your property in the shortest possible time.

Pre-privatization will allow you to foresee the fact of sale in advance, and if you live in the apartment for another 3 years, you will also be able to save on tax.

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How can you sell a municipal apartment without privatization?

Despite the fact that the privatization program in our country has been running for more than twenty years, there is still housing where real estate has not been transferred into private ownership.

You can live in it, but you won’t be able to sell it, give it as a gift, or pass it on as an inheritance. It would seem that this could be the end of the article. But, as in other cases, there are “loopholes” through which the impossible becomes possible.

Let's talk about how to sell a municipal apartment without privatization.

Is it possible to get out of this situation?

So, the owner of non-privatized housing is the state. If people live in an apartment under a social tenancy agreement, then it cannot be sold. Otherwise, such transactions will be declared invalid. What then should you do if you need to improve your living conditions? Is it possible to sell an apartment if it is not privatized?

Let's start with the fact that privatization should be feasible in this home, in principle. There are apartments that cannot be registered as property. These include living space:

• in dorm;
• in military camps;
• in service housing stock;
• in disrepair;
• when one of the residents is against privatization;
• in social welfare homes in rural areas.

There can be no talk of alienation of such real estate.

But, if it is possible to privatize an apartment, then there are ways out of the situation. Here they are:

1. Joint privatization with the buyer and regular sale.
2. Exchange of non-privatized apartments.
3. "Buffer" exchange.

Let's consider each of these options separately.

Find a buyer and privatize housing

This option is perhaps the best. In this case, they are looking for a buyer who is willing to bear the costs of privatization. He makes a certain deposit, which goes towards privatization. The clause is stated in the contract.

The privatization process takes approximately two and a half months. The following documents are collected:

• certificate of housing quota;
• about family composition;
• about residential premises;
• “Housing” checks, if available;
• right to benefits;
• documents confirming the identity of registered persons.

Having collected a complete package of documents, the whole family sends them to the administration. An application is filled out on the spot and signed by all family members. The issue is reviewed within 30 days. Then a privatization agreement is concluded, which is certified by a notary. From this moment on, the house is legally privatized.

When can you sell an apartment and what are the consequences?

As soon as the “newly made” owner receives a Rosreestr certificate of ownership, he can sell the apartment. Therefore, the transaction can be carried out immediately. However, there are some details to consider here.

Under the purchase and sale agreement, you will have to pay personal income tax. Sales are not subject to taxation only if the privatized property has been owned for more than 3 years (Article 217, paragraph 17 of the Tax Code).

At the same time, the owner can count on a refund if the sale is carried out in connection with the purchase of a new home. This is the right of property deduction. But it is valid only for three years and applies to those who pay personal income tax.

Exchange with non-privatized apartments

Not everyone knows, but an alternative to a purchase and sale transaction is an exchange. Its implementation is relevant for non-privatized apartments. Let's look at the advantages and disadvantages of this method:

1. When apartments have different price categories, an additional payment is provided. But there should be no mention of this in the contract. It is believed that the exchange is equal. Therefore, the transfer of money can only be recorded in a receipt.
2. If the employer spends his right to privatization, he will no longer be able to become an owner.
3. It is impossible to obtain a tax deduction for such an exchange.
4. An advantage of the contract is the guarantee that the deal will not fall through either due to arrest or collateral.
5. In addition, apartments located in different cities can be easily exchanged.

How does the exchange take place?

Having decided on such a deal, you need to understand that finding a suitable option is very difficult. If you already have relatives or friends with similar housing, the matter becomes simpler. But this is rare. So basically you have to work hard. The search can be carried out:

• on one's own;
• through a realtor.

It is clear that the realtor will take care of almost all the worries and explain all the nuances. However, his services are not cheap. For such transactions, it is not necessary to check the legal purity of real estate. Therefore, the specialist’s main task is to find a suitable apartment. But this can be done independently.

When a possible option is found, the following documents are collected:

• exchange application;
• for Moscow, a single housing document, but they may require a certificate stating that there are no debts, as well as extracts from the house register;
• social rent agreement;
• documents confirming the identities of all participants in the transaction;
• consent from persons registered in the apartment who are absent, it is certified by a notary;
• technical documents;
• a statement by the tenant that he does not have other premises in his property or under a social lease agreement.

If there are children and incapacitated family members, the consent of the guardianship authority is required.

The issue is resolved by the housing commission at the municipality. If the parties have received permission, they proceed to the exchange. To do this, existing contracts are terminated and new ones are concluded. These actions must be completed within ten days from the date of application.

"Buffer" exchange

If an employer contacts a real estate agency, they will offer him a clever option on how to sell a municipal apartment without privatization. The main component is “buffer” real estate, which is owned by the agency. The buyer first registers it as his own property.

Then the seller of the non-privatized apartment and the buyer make an exchange between themselves. As a result, the seller becomes the owner of the “buffer” property, and the buyer acquires a non-privatized apartment. The “buffer” property is then sold back to the agency.

Thus, the original owner receives money for the non-privatized apartment.

Of course, this method comes with considerable risk. The seller may end up without housing and money. Therefore, you can only decide on such a deal if the agency is truly reliable.

How to sell a non-privatized apartment

Non-privatized apartments are housing that belongs to the state and, according to documents, is not private. Therefore, in this case, residents act as tenants, while the state is the owner.

Previously, to the question “is it possible to sell a non-privatized apartment”, the answer was “no”, because... such housing was subject only to exchange.

However, now citizens are finding more and more new options for selling such real estate, but is it legal?

Is it possible to sell a non-privatized apartment in Russia?

Is it possible to sell a municipal apartment without privatization in Russia? Non-privatized housing, according to documents, belongs to the state, so tenants do not have the right to sell it . However, it is actually possible to sell real estate, because

Residents have the right to exchange non-privatized housing for another. There are certain exchange schemes with and without the involvement of an intermediary, in which the seller will receive money from the buyer and transfer privatization obligations to him. Read more about this below.

A non-privatized apartment is owned by the state

Legal ways to sell non-privatized housing

So, there are 2 legal ways to sell a non-privatized apartment:

1. Agreement with the buyer. This is an easy option for concluding a deal, in which the seller must agree with the buyer in advance and receive money. Next, the tenant registers the person in his apartment and checks himself out of it. Next, the problems of privatization are removed from the former employer, and this will be dealt with by the person who bought the housing.
2. "Buffer". This option is often practiced by real estate agencies. The essence of the “buffer” is that the buyer gives you an agreed amount of money with which you buy a home from a real estate agency. Then an exchange of municipal real estate for private property occurs: you check out of the apartment, and with the permission of the city authorities, a new tenant is registered there. After that, you sell the home back to the agency and receive the amount that the buyer paid you. Of course, the agency charges a certain percentage for its services, which is agreed upon in advance. This method of selling housing is valid in Moscow and other large areas where the law allows the transfer of housing under a social contract. hiring

But remember, both options only work if the property can be made property in the future . For example, if housing is listed as departmental, the question “is it possible to buy or sell it” immediately disappears, because this is prohibited by law.

Underwater rocks

The options described above are legal, but the seller may face pitfalls. Eg:

• the buyer will refuse to pay the money after registering him in the new home;
• the agency may refuse to purchase the “buffer” housing, and the seller will not receive the money;
• the agency and/or the buyer can file a lawsuit demanding that this transaction be declared illegal (theoretically, the exchange can be recognized as imaginary).

Much in the transaction depends on the integrity of the other parties, so we recommend contacting specialists with a good reputation (the same applies to the buyer). And, if it is possible to privatize the apartment before selling it, do it.

Is it possible to sell municipal housing with debts?

It often happens when you urgently need to sell a non-privatized room in a communal apartment or a full-fledged home with debts for housing and communal services. According to the law, this cannot be done, but Russians find ways to circumvent this ban. And here's how to sell a share or housing with debts:

1. Submit an advertisement for the sale of real estate.
2. Next, find a buyer and discuss existing debt obligations with him in advance.
3. Conclude an agreement in which he undertakes to pay your debts and privatize the property.
4. Check out of the property and register the buyer there.
5. Next, re-register the personal account for the new tenant and take the money from the sale of the apartment.

Selling an apartment with debts has a number of features

If you contact an agency, this process will become much easier. However, the price of the property will be slightly lower, and the agency will require a certain percentage for intermediary services.

Experts advise sellers to contact the housing department and apply for an installment plan to pay for utilities . If the authorities meet the tenant halfway and find a compromise, then it is better to first pay off the debts and only then sell the property. In this case, you won’t have to take unnecessary risks and/or reduce the price of the apartment.

How to insure yourself before selling a non-privatized apartment with debts

Often the 2nd party refuses its obligations or does not fully fulfill them. Therefore, the seller needs to protect himself from deception:

1. If you want to receive an advance, enter into an advance agreement with the buyer. In the document, state that you undertake to sell the property after privatization. Get it certified by a notary.
2. The price of the apartment must be clearly stated in the contract.
3. Issue receipts when you receive money from a buyer.

Conclusion

You can sell non-privatized real estate if you find an honest buyer. Record all the details in the documents, and be sure to have the documents certified by a notary. This way you will protect yourself from the transaction being declared invalid or from an unscrupulous buyer and/or agency. No one is immune from deception, so record all stages of the transaction.

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Is it possible and how to sell a non-privatized apartment?

The question of whether it is possible to sell a non-privatized apartment is often asked by citizens to lawyers. It would seem that, according to the law, the dialogue should be like this: “Is it possible to sell a non-privatized apartment?” - "No you can not". However, in fact, there are several options for such a deal - not too obvious at first glance, but quite feasible.

• Status of non-privatized housing
• How to sell a non-privatized apartment?
• Pitfalls when selling
• How to insure yourself? 

Status of non-privatized housing

In fact, the entire privatization program, which has been in effect for more than 20 years, is designed precisely to ensure that citizens, having received apartments and other housing as their own, can manage them independently, including selling them. Without privatization, disposal of the apartment is impossible.

Consequently, we see the first option for solving the problem - before you sell your home, it needs to be privatized.

How to sell a non-privatized apartment?

Let's say you don't want to spend several weeks on privatization registration, but want to sell your apartment as quickly as possible. Well, there are ways here too:

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1. The easiest option is to negotiate with the buyer and, having received the agreed amount from him, register him in the apartment and check out yourself. After this, privatization becomes not your problem, but the new owner’s.
2. The second method is sometimes practiced by real estate agencies - a scheme with a so-called “buffer” apartment. With this option, the person purchasing a non-privatized apartment gives you money, with which you buy some kind of living space from the agency (a “buffer” apartment). Then the already privatized “buffer” is exchanged for your non-privatized apartment: you check out of the apartment, and a buyer is registered there with the consent of the local authorities. You then sell the “buffer” back to the agency, receiving cash in your hands. This method is used, as a rule, in Moscow and other regions where local legislation allows such exchange options with the transfer of rights under a social tenancy agreement.

It should be noted, however, that these 2 options only work if your apartment can be privatized at all. If not (the housing is departmental, located in a military camp, etc.) - you don’t even have to think about selling.

Pitfalls when selling

With any option of selling a non-privatized apartment, you are at risk. The biggest risk here is fraud on the part of the buyer or agency.

For example, you may be faced with the fact that you will be checked out of the apartment, but the money will not be paid to you, or the agency will refuse to buy back the “buffer” apartment.

Therefore, it is highly recommended to first check the reputation of both the person and the company you are going to work with.

In addition, with the “buffer” scheme, the interests of the buyer suffer: if he has already used his right to privatization, then he will no longer become the owner of the new apartment - he will remain only a tenant.

Another danger lurks from the law. The fact is that deals like those described above are a game on the brink of a foul.

You run the risk of one of the interested parties filing a lawsuit to invalidate the transaction.

Therefore, the best way would be to first privatize the apartment - even if you have already found a buyer and agreed with him to pay a deposit.

How to insure yourself?

You can avoid unnecessary problems if you carefully document every step you take. That's why:

• if you decide to take a deposit from the future buyer, enter into a preliminary agreement with him, which will stipulate the obligation of the parties to draw up a purchase and sale agreement after completion of privatization;
• clearly stipulate the price of the apartment in the contract;
• When receiving any amounts, write out receipts.

We hope that our tips will be useful to you.

How to sell a municipal apartment without privatization - About the garden and the house

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What rights do residents have to a municipal apartment?

Municipal apartments belong to the state. Residents of such real estate, with rare exceptions, have the right to free privatization. By using it, they become full-fledged owners of the apartment. However, this is not always possible. Some tenants have their own reasons for refusing privatization. At the same time, they do not have the right to fully enjoy the rights to real estate.

Residents of a municipal apartment have the right to:

• Live in the living space entrusted to them.
• Register other citizens on the premises (in some cases you will need permission from the municipality).
• Conclude agreements with the management company and service providers.

Citizens living in municipal housing cannot sell it or give it away officially, i.e. the conclusion of a purchase and sale agreement and a deed of gift is excluded here. Such transactions will be considered invalid.

Legal ways to sell municipal housing

The easiest way to sell municipal housing is still its privatization. However, there is an opportunity to bypass it. In this case, the seller and buyer will have to be patient as the paperwork process will take a long time.

You can sell a municipal apartment, without prior privatization, in the following ways:

• By registering the buyer in the property before it is sold. If the buyer is a relative, there will be no problems with his registration. The tenant only needs to collect written consents from other residents of the apartment and register the citizen in the housing. If the person is an outsider, consent for registration will be required, obtained from the local administration. This is quite problematic, in some cases you can get a refusal. After the buyer registers in the apartment, the previous owners only need to check out.
• Exchange of a municipal apartment for a privatized one. This method is widely popular among realtors. It involves providing the tenant with new privately owned housing through the conclusion of a fictitious sale and purchase transaction, while the owner of the privatized property is registered in municipal housing with the consent of the city administration. Subsequently, the seller is paid money for municipal housing, and a new sales contract is drawn up for the privatized one, and it again passes into the hands of the former owner.

There is another way to sell a municipal apartment, but it involves privatization at the expense of the seller. In this case, all expenses fall on his shoulders. Similar actions are suitable for selling an apartment with debts on utility bills.

Restrictions on transactions involving the exchange of municipal housing for private housing

Before proceeding with the process of exchanging a municipal apartment for a private one, residents should familiarize themselves with some restrictions:

1. Citizens discharged from municipal housing must be simultaneously registered in private housing.
2. It is prohibited to exchange an apartment for housing whose area is less than fifteen square meters.
3. Exactly as many citizens must be registered in the new housing as were discharged from the municipal one.

Separately, it is worth mentioning the rights of minor children. When registering the exchange of municipal housing for a private apartment and allocating shares to children, in the event of its sale, it is necessary to provide another living space and obtain approval from the guardianship authorities.

What documents will be needed to sell a municipal apartment?

To complete a transaction involving the exchange (sale) of non-privatized housing, you will need to provide:

• Passports of all residents registered in the apartment.
• Birth certificates for minor children.
• Documentation for the apartment.
• Extracts from the house register (certificate of family composition).

In some cases, you will also need to provide a certificate of no debt on utility bills.

Risks when selling a municipal apartment without privatization

There are a huge number of risks associated with the sale of a municipal apartment. If convicted of concluding a fictitious transaction, the seller’s actions may be equated to fraudulent, which will result in appropriate punishment.

In most cases, sellers of non-privatized apartments become victims of criminals. Since such real estate transactions are illegal, i.e. There is no provision for drawing up a deposit or purchase and sale agreement; the buyer may refuse to pay for the apartment.

To avoid fraud, the seller must discuss in advance with the buyer the moment of transferring funds for the apartment. You should take a deposit during the process of registering the buyer in the living space, and receive the rest upon checkout.

The best option would be to contact a notary, but since such transactions are prohibited by current legislation, this is not possible. Only timely privatization of a municipal apartment and its subsequent resale under a contract will allow you to avoid risks 100%.

In conclusion, we repeat that the non-privatized apartment is documented to belong to the city administration. Tenants cannot officially sell it or donate it.

There are ways to circumvent these restrictions, but the risk of fraudulent activity on the part of the buyer is enormous.

Residents of an apartment may be left without the living space entrusted to them for use, without receiving the previously agreed payment for it.

Read also: Sale of a non-privatized apartment: procedure 2018

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Municipal apartment without privatization: can it be sold and what are the ways?

There are situations when money is needed more than housing - and a person sells his apartment. In the event that ownership is registered, everything is simple. But what to do if the apartment is municipal and has not yet been privatized?

Oddly enough, there are some schemes that allow you to get money for such housing without breaking the law. Transactions with municipal non-privatized housing have their own characteristics and must be taken into account. Let's look at them.

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Is it possible to do this?

What exactly is a purchase and sale transaction? According to it, one person receives money and the other receives property. You cannot obtain ownership rights for a non-privatized apartment - indeed, you must first conclude an agreement with the municipality on the transfer of the apartment, register with Rosreestr, and only then can you sell it.

Reference. An apartment is, first of all, a place where you can live and where you can get registration.

But a person living in a municipal apartment can “sell” the right to use in some cases.

The main methods of selling the right of use will be:

• Registration of the “buyer” in the apartment followed by eviction of the “seller”.
• Joint privatization.
• Exchange of municipal apartments with additional payment.

Debt problems

Most of the problems with the “sale” of municipal apartments are related to the fact that the previous tenant may have accumulated debt on rent, alimony or other debt. When selling an apartment with debts, problems may arise:

1. The move-in of an outsider requires the consent of the local administration (more precisely, the division that is in charge of the housing stock) - and the debtor may not be given permission.
2. If there is a debt collected in court, the property may be seized. Of course, a non-privatized apartment does not belong to such property - but the bailiffs can still appear at the previous address at first and bother the new residents.

There is only one way to avoid difficulties - to transfer or transfer to the “seller” in payment funds sufficient to repay the debt. However, in this case, you will need to draw up (and best of all, notarize!) an agreement on what the transferred funds will be used for - otherwise there is no guarantee that they will be paid to repay the debt.

However, even an agreement between the seller and the buyer is an insufficient guarantee of the transaction : yes, if the terms are violated, you can try to recover these funds from the “seller” - but he is already a debtor, what is he afraid of? Therefore, the best ways to avoid problems are to either simply not contact such people and look for another option, or demand a discount on the amount of debt: one way or another, the new tenant will still have to pay off the debt.

Ways to do it

Registration before "sale"

Attention! One of the most popular ways to get money for a municipal apartment is the one in which the parties to the social tenancy agreement are replaced (Article 672 of the Civil Code of the Russian Federation and Article 49 of the Housing Code of the Russian Federation).

In case of registration, the official tenant acts as follows:

1. He registers the “buyer” in his apartment.”
2. Receives money.
3. He discharges himself and discharges his family members after receiving money.

However, the registration method has a number of limitations:

• If the “buyer” is not a relative, the contract with his participation is concluded with the consent of the local municipal body in charge of the housing stock - and he may object.
• If there are children among family members, there must be another apartment where they can be registered.
• If, in the end, the area norm per person is not met, the contract may not be changed.

If money was received under such an agreement, the “seller” will have to pay 13% of the amount as personal income tax.

Joint privatization

The other option is a variation of the first.

Reference. In the case of joint privatization, the “buyer” registers in the apartment - and then privatization is registered in his name alone, and all other residents refuse it.

Joint privatization is a legal option, but there are limitations:

1. If minors are registered in the apartment, the transaction will not take place: refusal of privatization is possible for them only with the consent of the guardianship authorities - and, as practice shows, they never give such consent, even if the children already own another living space.
2. By refusing privatization, the “seller” forever loses the opportunity to privatize another municipal apartment. If privatization took place first, and then sale, then this is a regular real estate purchase and sale agreement that does not require any special tricks.
3. By refusing privatization, a citizen retains the right to live in an apartment. Few of the “buyers” will agree to such a burden.

Exchange with surcharge

The third option is an exchange, as a result of which the “buyer” receives a non-privatized apartment, providing in exchange his own apartment of the same size, only with a smaller area, and making up the difference in living space with money.

The surcharge option has a number of advantages:

• The question of where the “seller” moves after the transaction is removed - he immediately receives another home.
• If the standards are met, then you can even exchange an apartment with minors registered in it - and guardianship will have no claims.
• As a rule, no one in the municipal authorities in charge of the housing stock objects to such an exchange.

However, the exchange option also has disadvantages:

1. It is required to comply with the social norm for living space per person, if it is established at the local or regional level. Without this, the exchange agreement will be protested.
2. There are financial risks: such an agreement is still not a purchase and sale, so its drafting will have to be approached with particular responsibility.
3. Exchange is possible only between two municipal apartments. It will not even be possible to exchange a municipal one for a state one, let alone a non-privatized one for a private one - never at all: this kind of transaction is not allowed by law, the exchange is allowed only within one type of property.

Peculiarities

Important! The most important feature is the following: the rules on purchase and sale do not apply to municipal housing at all.

In essence, there is a replacement of parties in the social tenancy agreement. Consequently, all restrictions characteristic of this type of agreement apply to the new tenant - and the municipality may refuse to conclude such an agreement.

Another feature is that the transfer of money is poorly protected by law. Essentially, in this case, one citizen gives a certain amount to another.

In this case, you can insure yourself by concluding a preliminary agreement on the promise of a donation - but collecting them from an unscrupulous “buyer” will be problematic.

Thus, the most reliable option is to first carry out privatization (even with the participation of the “buyer”), and only then register or formalize the exchange.

Useful video

Watch a video about the sale of a non-privatized apartment:

Conclusion

It is, of course, impossible to sell a non-privatized apartment : someone who is not the owner cannot dispose of someone else’s property.

But it is quite possible to formalize the transfer of the right of use - however, such a transfer requires a fair amount of trust between the parties without any guarantees to protect their rights in court.

Therefore, the best way is to first carry out privatization, and only then start a sale.

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