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

Is it possible to sell a non-privatized apartment? The state provides free housing to those who need it. However, housing is provided exclusively for use and cannot be disposed of in any other way. Such authority comes only after privatization. Therefore, it is worth considering in detail how to sell a non-privatized apartment.

Features of a non-privatized apartment

But first, it is worth noting all the methods that allow the sale of housing, the privatization of which has not yet been carried out.

So, you can sell a non-privatized home in one of the following ways:

• carry out a standard privatization procedure;
• act through an agency.

Each of these methods has its own nuances and difficulties. It is very difficult to say exactly which one is easier. In each individual case, the choice may fall on one method or another.

For example, if the apartment does not need to be sold urgently, then privatization can be carried out slowly. This will take about six months. However, in this case, it will have not one, but several owners, that is, all registered residents.

The main thing is to take precautions that, if something happens, will allow you to save the apartment. Don't forget about the fraudulent factor. Having learned about this or that way to sell a municipal apartment, you must first carefully check all its features.

Privatization of housing

Privatization of municipal housing is a rather painstaking process that requires the efforts of not only the initiator of the procedure, but also all the residents who live in the corresponding apartment.

It is worth noting that the sale of a municipal apartment can be conditioned by privatization in several ways:

1. You can carry out privatization and then sell it. In this case, it will be necessary to obtain the consent of all persons who live in the apartment and, after privatization, will become co-owners, as a rule, equally. This is a very difficult method, as it requires the consolidation of the decisions of several people, which is almost impossible to achieve.
2. Find a buyer who will subsequently privatize the apartment himself. This option is the most convenient for the seller, since there is no need to prepare documents. It is enough to simply replace the tenant in the rental agreement.

However, privatization is not suitable for all categories of municipal apartment owners. Local authorities do not always allow the transfer of state property to private property, so the risk of being refused is quite high. In addition, such actions in some cases may be regarded as fraudulent intentions, so there is a high risk of being prosecuted.

In any case, it is better to carry out the sale after registration of ownership rights. Indeed, in addition to the administrative aspect, there is another problem. It is very difficult to come to an agreement with all the co-owners of the property, not to mention the fact that a privatized apartment has lower liquidity on the real estate market than housing originally built by private developers.

The problem of finding a buyer is quite acute. Even if such a buyer is found, you will most likely have to make a big discount.

But in any case, such an option exists as a way to formalize the sale of non-privatized housing and, if necessary, you can use it.

Agency help

The sale of a non-privatized apartment through real estate agencies has proven to be quite effective. This method is mainly used when you need to sell an apartment with a mortgage.

A mortgage agreement is not much different from an agreement to live in a municipal apartment. Such offices are quite common in Russia.

As has already been noted here, the main thing is the reliability of the partners: both the agency and the buyer.

What is the agency's role? The agency, due to the nature of its activities, has the right to carry out almost any real estate transactions. It is in direct contact with government agencies and can solve many problematic issues that an ordinary individual simply cannot solve due to their legal status.

The agency directly participates in the process of selling non-privatized housing as an exchange organizer.

The essence of the exchange is as follows:

1. The agency finds housing, which it takes on its balance sheet for safekeeping.
2. Then the agency finds a buyer for the non-privatized apartment.
3. After completing the exchange agreement, the buyer and seller go to the local administration, where a new tenancy agreement is drawn up with the buyer. He will later privatize the apartment himself.
4. Then the agency registers the ownership of the seller’s apartment taken for safekeeping. The seller will, as it were, buy this property.
5. After registration, the seller will be able to sell the apartment, which will already be his property, at his own discretion.

The difference between this method and searching for a buyer independently is that you do not have to negotiate with the buyer and give him a discount. The agency itself finds interested parties and takes payment from them. The rights to the purchased apartment are transferred to the seller.

When transferring money to the seller, such actions may be considered fraud. So it’s better to register ownership of the apartment and sell it in the general manner than to play with criminal law.

The difficulty of this method is that the local administration may refuse to replace the tenant, since municipal housing is of a targeted nature and is issued exclusively to persons in need of housing. As a rule, real estate agencies themselves resolve such issues without problems for the parties to the agreement.

Another disadvantage of this method is the unreliability of most agencies. As a rule, an exchange apartment is registered in the seller’s name after the change of tenant in municipal housing. So the agency can easily deceive the seller and he will have to sue him for a long time.

To avoid such consequences, it is best to deal with reliable persons and under a strictly regulated agreement. After all, it is better to have a non-privatized home in your hands than to be left without a place of residence at all.

How to carry out privatization?

If you cannot find reliable agencies, then it is best to carry out privatization of housing. Although in practice in most cases this procedure lasts for six months, with the right approach it can be done in a month.

The main thing is to correctly collect all the necessary documents.

For privatization, the following list of documentation is required by law:

• a document that serves as the basis for the emergence of the right of residence of the relevant persons in a municipal apartment;
• a certificate from a housing organization or passport office about persons who have regular registration at the appropriate address;
• receipts for payment of utilities, for payment of the cost of municipal housing, if the rental agreement specified a fee for accommodation;
• a reference document from the housing organization confirming the absence of rent arrears;
• passports of persons participating in privatization, as well as birth certificates, subject to the presence of minor citizens living in the apartment;
• various documents certifying the eligibility of persons carrying out privatization to receive benefits from the state, including housing subsidies.

As a rule, the procedure is carried out in the local administration. But everything can be done through the MFC (multifunctional center). But it is worth keeping in mind that each citizen can participate in privatization only once in his life. So if someone plans to receive other residential premises from the state, then it is better for him to refuse to participate in this procedure.

After this, you can sell the apartment at your own discretion in the general manner. But first, after privatization, it is better to combine all shares into one. To do this, a series of donation or sale agreements are drawn up, depending on the number of shares.

Residential premises in shared ownership are valued on the market much lower than housing in individual ownership. In addition, if there are persons who did not take part in privatization, but had regular registration at the time of the procedure, then it is better to register them before the sale.

Such persons retain the right of residence for life only if they do not voluntarily leave the apartment.

In general, the question remains solely with the price. Any property can be sold. However, the liquidity of apartments with different characteristics is different. So it is better to consult with professional and reliable realtors before setting a price and looking for a buyer.

The main thing is not to forget that real estate is always an expensive property. But depending on the presence of problems with the design of such an object, its price may vary significantly. So it’s better to complete all the documents and sell the property in the general manner. This is how you can get the maximum benefit from the sale.

Is it possible to sell a non-privatized apartment - possible options, approximate algorithm

According to the law, an apartment that is not privatized is considered municipal, and the main tenant in this case has limited rights - he cannot sell it, does not have the right to register someone there, officially rent it out, or use it as collateral. In other words, he has no right to perform legal transactions with her, and the heirs will have to prove their rights to the property.

Privatization, in fact, is not a complicated process, and every citizen of the Russian Federation can use it once for free. But still, cases when a property has not been privatized for a long time, but something needs to be done with it, are not uncommon. Therefore, next we’ll talk about whether it is possible to sell a non-privatized apartment, and how to do it.

Is it legal to sell non-privatized housing?

The sale of privatized housing is regulated by Articles 549-558 of the Civil Code of the Russian Federation. If the object is not privatized, that is, it is in municipal ownership, actions with it are regulated by the Housing Code of the Russian Federation. According to the law, it is impossible to sell a non-privatized apartment in the form it is understood by the Civil Code of the Russian Federation in the form of a sale and purchase transaction.

Legislatively, you can find other workarounds, but you also need to understand that the risks, as well as paperwork, increase significantly. Moreover, the terms of such transactions are longer, and the price of such an apartment may “fall”.

Methods for selling a non-privatized apartment

There are several ways to sell an apartment that is not privatized:

• Still, privatizing an apartment takes longer, but it is legal and eliminates risks.
• Buyer registration - a potential buyer is registered, a personal account is reissued for him, after which the money is transferred.
• Exchange - in this case, you can only exchange a non-privatized apartment for a privatized one.

Each of these transactions has its own nuances and features, which we will consider in more detail later.

Sale with privatization

This is a legally stipulated and the safest method of sale in this regard, but it is not quick in time. An example algorithm is:

• Make sure that the apartment can be privatized.
• Find a buyer that fits your criteria.
• Submit documents for privatization.
• Wait for a response from your local municipality.
• If the municipality gives permission, then sign the privatization agreement.
• Apply for an advance payment or a deposit (preferably a deposit) for the purchase of an apartment.
• Register ownership of the apartment.
• You enter into a purchase and sale transaction.

In addition to legal delays, there must be trust between the parties.

Sale through buyer registration

Selling through the buyer’s registration according to the algorithm is similar to the one described above, but has its own nuances. An approximate algorithm is:

• Find out if the apartment can be privatized.
• If you are not the only tenant, then you need to obtain consent for the potential buyer to register from the other tenants.
• If the potential buyer is your relative, then consent from the other residents will be sufficient; if it is a stranger, then you need to obtain permission from the local municipality.
• The personal account is reissued for the buyer.
• An agreement is concluded and funds are transferred, registration is certified by a notary.

In essence, this is a scheme for selling an apartment under the guise of transferring the right to privatization. In its pure form, this cannot be called a purchase and sale transaction, but it is legally justified, there are no violations.

There are risks - not all notaries agree to issue such receipts, and transferring money without documents is risky.

Housing exchange

According to Article 72-73 of the Housing Code of the Russian Federation, you can exchange one non-privatized apartment for another privatized apartment.

But please note that you cannot exchange a privatized apartment for a non-privatized one.

Please note that there are a number of exchange prohibitions:

• If housing is withdrawn from the housing stock.
• If the housing is subject to demolition, it is in disrepair.
• If illegal redevelopment was carried out in the apartment. Please note that even if it was technically possible, there are no violations of the safety stop, but there is no BTI permission and technical documentation, the redevelopment will be considered illegal.
• If the main tenant does not have the right to carry out any legal transactions, that is, he is declared incompetent or he is a minor, he has no legal relationship with this apartment.

Approximate exchange algorithm

The procedure goes something like this:

• A suitable buyer is found. This can be done either independently or through a real estate agency.
• Contact the local administration and receive permission to exchange.
• The exchange is registered.
• The ownership of the exchanged apartment is registered.
• The resulting apartment is sold according to the standard algorithm.

The most likely risk in such a scheme is to end up with a fraudulent agency. Therefore, it is better not to contact just anyone; choose only those agencies that have been working in the market for a long time, or that your friends have collaborated with.

Selling an apartment with debts

It is legally impossible to sell an apartment with housing and communal services debts. The situation becomes even more complicated if the property is not privatized.

If the only option is to sell an apartment with debts and a non-privatized one, then an approximate algorithm of actions is as follows:

• Find a suitable buyer.
• Conclude an appropriate agreement. And since not all notaries agree to certify such documents, it is not a fact that the agreement will be certified.
• A potential buyer registers in the apartment.
• The personal account of the apartment is transferred to the buyer.
• The transaction is completed - the buyer receives the amount specified in the contract.

You need to understand that with this method of sale, the apartment will significantly drop in value - both due to the fact that the apartment is not sold according to the standard method of sale, and because there is a debt that will be repaid by the new owner.

Possible risks

Selling a non-privatized apartment is already a difficulty, since it is, in fact, not for sale, but is simply transferred into the ownership of another person through workarounds in the law.

The main difficulties of such a process are the following:

• Dishonest real estate agencies can sell a “buffer” apartment, that is, an apartment being sold in exchange, to several sellers at once.
• There may be difficulties with registering in a municipal apartment: until the previous tenant checks out of the premises, it will be impossible to move in a new one.
• A potential buyer may be working using fake documents. It will be difficult to challenge the transaction later even in court, since the operation itself can hardly be called a sale.

The only reasonable solution would be to first privatize the apartment, and only then sell it. But, if this option is not considered at all, make all transactions with the participation of a lawyer, be sure to formalize the transfer of money using receipts and contact only professional real estate agencies.

Is it possible to sell a non-privatized apartment without privatization?

Non-privatized housing means that part of the housing stock whose owner is the state.

A person living in such an area cannot carry out any actions: sell, donate, leave as an inheritance, draw up a deed of gift. The basic and immutable right assigned to such a person (people) is to reside and use this area.

However, it is possible to sell a municipal apartment. Moreover, in completely legal ways. They will be discussed in this article.

Why you can’t sell a municipal apartment directly

In a residential area owned by the state, it is impossible to allocate shares with subsequent rights of redemption, sale, donation, etc. There is only one reason: you cannot dispose of what belongs not to you, but to someone else. And such an apartment is owned by the state .

Is it possible to sell in other ways?

Selling non-privatized housing (apartment, room, house) is difficult, but possible. There are schemes by which such housing can be sold, and it will be completely legal.

Reasons for selling a non-privatized apartment:

• a person does not want to lose his right to privatization, which he can use only once in his life;
• lack of time or lack of desire to engage in the privatization process, since this procedure is very tedious and time-consuming. It also requires a lot of money;
• a person wants another living space that is newer or more spacious.

Previously, back in Soviet times, the most common way to solve the housing problem was exchange. This is not relevant today. The best option is to sell.

How can you sell a non-privatized apartment?

• You can register a potential buyer for the living space of a non-privatized apartment with subsequent registration of the main tenant. According to the law, this will look like the registration of an outsider under a rental agreement for residence. After the conclusion of the agreement, the seller receives the agreed amount and is discharged from the given area. The buyer can now begin the privatization process for himself;
• You can exchange non-privatized housing for privatized housing. This option is very complicated. To carry out the exchange, the owner of a privatized apartment can deprivatize his home. Then the two squares will change as municipal ones. But it will be difficult for the seller to find such a buyer. You can do otherwise. The tenant and the owner exchange their rights and, accordingly, living space. The tenant will sign out and, on the basis of a donation agreement, will become the owner of the privatized housing, and the buyer will become the tenant. To carry out such a transaction, it is necessary to pay a considerable amount for the exchange. The buyer of the apartment, if he has already exercised his right to privatization, will not be able to register ownership of the non-privatized housing in exchange. Also, the buyer loses the right to receive public housing, to a standard tax deduction, which he could have used if he had purchased privatized living space;
• The easiest way to sell a non-privatized place of residence is to privatize it.

Is it possible to sell an apartment with utility debts?

• The amount that will be contributed to pay off debts by the buyer is subtracted from the cost. Often the cost will be low. And in this option there is a lot of red tape;
• Buy a home with debts less than 3 years old. Then the state will sue the former owner to collect the debt from him. The new owner is not responsible for the debts of the previous one. But the new owner will still have to go to the authorities, including to court.

If the housing is not privatized, but there are debts, then upon sale the debts will be transferred to the new tenant. That is, he will not be allowed to use public services until his debts are repaid. Therefore, the amount of debt that will be contributed to pay off debts must be deducted from the sale price. Just discuss all this with the buyer in advance.

Risks when selling

It should be understood that there are a lot of risks when selling (exchanging) a non-privatized apartment. What are they and how to avoid them:

• There may be difficulties with the timing of check-out from the living space or with what area you will be registered in. There will be problems if you plan to register in the living space of relatives who live in the CIS countries;
• It is legally impossible to formalize the fact of making a deposit or advance payment for non-privatized housing. According to the law, you cannot make transactions with something that does not belong to you. If a deposit has been made and you need to return it for some reason, it will be almost impossible to do this . It is better not to communicate directly with the buyer. It is better to let a third party do this, for example, an employee of a real estate agency;
• It is necessary to check the seller's capacity and sanity. If it turns out that he is registered in a mental or drug dispensary, then difficulties will arise with the exchange. Relatives or other interested parties may sue to have the transaction declared invalid because one party was insane. What will be documented;
• It is necessary to stipulate the terms according to which the owner will be discharged from the living space. To prevent the vacancy of an apartment or house from turning into infinity, it is better to write down the deadlines on paper and notarize them;
• A safe deposit box will serve as a legal way of transferring funds for “purchase and sale.” It will also not be amiss to certify on paper the condition under which the funds will be paid to the seller only after checkout from the occupied living space;
• Please note that the area of ​​the apartment being sold or exchanged should not be less than 15 square meters;
• If an exchange occurs, then how many people left, so many should enter;
• If minors are registered in the living space being sold, then the guardianship and trusteeship authorities will be involved. They need to provide guarantees that the minor’s rights to the living space will not be violated during the sale (exchange).

Sale and exchange with the help of specialists

In the real estate market there is always a risk of running into scammers. Therefore, the most guaranteed solution when selling or exchanging a non-privatized apartment (house) for a privatized one is to contact an agency. This will minimize risks when carrying out such legally complex operations.

It is better to contact a well-known agency. You can make inquiries in advance about the activities of a particular company and ask for the opinions of clients.

Agencies have a legal scheme for selling non-privatized apartments using “buffer” living space.

The essence of this scheme is that the seller is given, instead of his home, an option owned by the agency.

After the transaction is completed, the seller receives his money and loses the “buffer” living space in which he was temporarily registered. Then he decides what to buy with the proceeds.

Is it possible to sell a non-privatized apartment?

Home / Apartment / Sale of a non-privatized apartment

A frequent question in the field of purchase and sale of real estate is the following: “Is it possible to sell an apartment if it is not privatized”? In accordance with the provisions of current legislation, the sale of non-privatized housing is impossible. Is it really necessary to privatize the apartment in order to sell it anyway? After all, there is not always time and desire for privatization. What to do in such cases?

In fact, if you need to urgently sell an apartment that is not privatized, you can use several methods. Let's take a closer look at them.

Method one: we privatize the apartment together with the buyer

To use this method you must:

1) initially find out whether your apartment can be privatized. It is necessary to take into account that there are certain types of real estate that cannot be transferred into ownership.

We are talking, for example, about apartments in military camps, about apartments in special buildings, about social housing.

2) then you will need to visit your district administration with the whole family. You will need certain documents:

• a certificate reflecting the accrued housing quota;
• certificate of family composition and living quarters;
• if you have “Housing” checks, you must present them too;
• the existence of the right to benefits will also need to be documented;
• if you have minor children, you will need their birth certificates;
• Finally, don't forget about passports.

When you contact the administration, you will be given an application form to fill out. This application will have to be signed by all family members. The application is considered within 30 days. Subsequently, a privatization agreement is concluded, which must be notarized.

After recognition of the contract by the state, the apartment will be considered privatized.

3) if the buyer is really interested in the apartment, then he agrees to make a deposit for privatization. Then everything is quite simple: the buyer will make a deposit, you will acquire the right to sell the home, after which you can easily sell the apartment to the buyer.

Find out how to register a deed of gift for a share in an apartment and what documents you will need.

All the subtleties of drawing up an annuity agreement with lifelong maintenance are in this article.

Method two: make an exchange

Let us immediately note that it is better to choose this method only if you are working with a truly reliable real estate agency. So, let's look at the whole procedure step by step:

• the initial stage is similar to the sale of an ordinary privatized apartment. You will need to place an ad and wait for a buyer. Of course, you should not hide from him the fact that the apartment is not privatized;
• Once the buyer is found, the specifics begin. The point is that there will be an exchange. To do this, the buyer will have to buy a “buffer” - this is living space owned by the agency and intended specifically for exchange purposes;
• then both sides, i.e. both the seller and the buyer provide all the necessary certificates and fill out an application for exchange. After reviewing the application, the relevant authority allows the exchange;
• the buyer receives your non-privatized apartment, and you receive a “buffer”, which you then sell back to the agency.

This is how the sale of non-privatized apartments occurs. It should be noted that the second method causes a certain suspicion on the part of citizens, and therefore finding a buyer can be difficult. And in any case, there are still more problems than with the sale of privatized housing.

Is it possible to sell a non-privatized apartment?

Non-privatized housing belongs to the state, and people, for certain reasons, only have the right to live in it. The sale of such an apartment by resident citizens is impossible, since they are not the owners.

But there are several ways to carry out a transaction without breaking the law.

How do you still sell a non-privatized apartment? Let's consider further

Municipal real estate with a formalized social contract. hiring gives the right only for the residence of citizens. Any transactions with such real estate are prohibited. If the law is circumvented, the transaction may be declared invalid.

However, due to necessity and special needs, people find ways to retreat, but in compliance with all legislation and regulations. It should be noted that transactions with non-privatized housing can be carried out, but only taking into account certain factors and conditions of the law.

The most common and easily implemented method is to sell with preliminary registration of the buyer. Based on the existing social contract.

When renting, you have the right to register a buyer in the apartment, who, after transferring the money and your checkout, re-registers the contract in his name and subsequently privatizes the property as his own.

Such actions do not require special and lengthy preparation, which is what attracts most sellers of non-privatized housing.

If you decide to sell municipal housing, contact the services of an experienced lawyer. He will explain in detail all the possible options for selling an apartment in your particular case.

There are two ways that allow you to sell a non-privatized apartment.

Method 1 – privatization of the apartment

The first method involves carrying out privatization before selling the apartment. Here you will need to collect a number of documents (see Documents for privatization of housing), which include:

• An extract from the house register (see How to obtain an extract from the house register) listing all family members who are currently registered in the privatized property;
• Documents confirming the identity of citizens (for children under 14 years of age - birth certificates, for other citizens - passport);
• A certificate certifying your non-participation in privatization;
• All documents for the apartment are a social contract. hiring, technical and cadastral passport;
• Copies of receipts for payment of housing and communal services.

Submit an application (see How to write an application for privatization) and documents to the municipality of your city. After reviewing the application and approval of privatization, you will be able to register ownership of the apartment, as a result of which you become the full owner of the property and can sell it.

Such registration of real estate ownership entails significant expenses after the sale, since if you have been the owner for less than three years, you will be required to pay a tax in the amount of 13% of the value of the property exceeding 1 million rubles.

What documents are needed to sell a non-privatized apartment?

Selling a non-privatized apartment is impossible. Therefore, the apartment will have to register ownership of the housing. After the apartment has been privatized, you can begin collecting the documents required for the sale (see What documents are needed to privatize an apartment). These include:

1. Documents confirming the identity of the owners - passports and birth certificates;
2. Certificate(s) of existing title to the property;
3. If one owner is a minor, then it is necessary to obtain permission from guardianship officials;
4. Cadastral and technical passports;
5. An extract from the house register confirming the absence of citizens registered in the apartment;
6. An extract from the Unified State Register confirming the absence of a lien or any other encumbrance on the property being sold;
7. A certificate from the housing and communal services department about the status of the financial personal account and the absence of debts on utility bills.

The buyer may also request a certificate from a psychoneurological dispensary confirming that the seller does not have psychological illnesses, if the seller is of advanced age.

Method 2 – exchange of a non-privatized apartment

The second method is more reminiscent of the old method of conducting transactions. Here we should talk about exchange, which is also often resorted to when it is necessary to sell municipal housing. The exchange of a non-privatized apartment should be carried out by companies that have a good reputation in your city. The whole process is carried out in several stages:

• A buyer is being sought to purchase non-privatized real estate who is not against such an exchange;
• The buyer purchases a living space similar to your apartment from a real estate agency;
• Next, the paperwork begins. The required package of documents is submitted to the municipality with a request for consideration and permission to exchange housing;
• In accordance with the received permission, apartments are exchanged. As a result, the buyer received the selected object, and the seller received the buyer’s “new home,” which is subsequently sold to the agency.

The exchange of a non-privatized apartment with the help of an agency should only take place with the advice of a lawyer who can track and identify any illegal actions.

Is it possible to sell a non-privatized apartment with debts?

The sale of a non-privatized apartment with a debt to pay for housing and communal services is quite a common occurrence. Often, buyers try to avoid such properties, but the sale of even such a municipal property is possible.

Firstly, here you can simply agree with the buyer to pay a deposit for the apartment to pay off the debt and further register ownership. Such actions are risky and require written receipts and other guarantees. Often sellers have to significantly reduce the price of real estate in order to “keep” the buyer, which many take advantage of.

Secondly, when selling non-privatized real estate with a debt, it is better to contact a real estate agency. They will independently pay the required amount, as well as carry out the entire privatization process and find a buyer. As a result, the seller will receive an amount less than the cost of his apartment exactly by the amount of the debt paid.

Thirdly, sometimes real estate agencies offer a slightly different option for completing a transaction. They write a letter of guarantee to the housing and communal services department, assuring that the debt will be repaid immediately after privatization. As soon as the property is privatized, the debts are paid off and the apartment is sold. All these actions are carried out only with the consent of the seller, the power of attorney and receipt issued by him.

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

Selling a share in a non-privatized apartment is impossible. First, you need to register ownership of municipal housing and only then put the share up for sale.

However, there is a way out, which consists in offering one of the family members to buy out your share.

In this case, before submitting documents for privatization, you certify with a notary your refusal to participate in the registration of real estate ownership (see How to refuse a share in a privatized apartment).

Important to remember! “Bypassing” the law is fraught with serious consequences and troubles, so consult a lawyer about a possible option for selling your non-privatized real estate.

If you still have questions on the topic “ Is it possible to sell a non-privatized apartment ,” ask them in the comments.

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Sale of a non-privatized apartment: is it possible to sell, division, exchange and registration in a non-privatized apartment | Housing consultant

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The content of the article:

Introduction

In the process of privatization, the rights to residential premises are transferred directly to the person or group of persons living in the apartment: the owner of the apartment becomes a private person who receives the benefits of full disposal of the privatized real estate. A non-privatized apartment is de facto owned by the state, which extremely limits the opportunities for those living in it.

The disadvantages associated with owning a non-privatized ( municipal ) apartment include:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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• Difficulties in the occurrence of inherited cases;
• Government services have the ability to apply sanctions up to and including eviction/resettlement under certain circumstances;
• A third party, even a close relative, cannot obtain temporary registration in a municipal apartment;
• The most serious limitation is that selling a non-privatized apartment is practically impossible . Legislation severely limits the ability to dispose of state real estate.

Nevertheless, there are certain ways to sell a non-privatized apartment.

Requirements for a non-privatized apartment being sold

Despite the fact that the law prohibits the sale of municipal property, certain legal conflicts allow such transactions to be carried out subject to certain conditions and requirements. How to sell a non-privatized apartment and in what cases is it justified?

Attention. If you have any questions, you can consult a lawyer for free by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.

Often the sale of an apartment that has not gone through privatization is explained by a reluctance to lose the right to free privatization or the lack of several months of additional time (the privatization procedure takes about that long). Regardless of the circumstances, it should be noted that in some cases it is not possible to sell (or exchange) a non-privatized apartment:

• The turnover of municipal apartments located in emergency buildings or buildings scheduled for demolition is strictly limited. In this case, it is necessary to wait until the state resettles the residents of emergency housing.
• The former owner of a privatized apartment must have at least an additional place of residence.
• Having debts on a municipal apartment. Until the full amount of debt is repaid, it is impossible not only to sell the apartment, but also to privatize it.

Options for selling a non-privatized apartment

If non-privatized living space does not fall under the restrictions noted above, then it can be sold on the real estate market. There are three main procedures for this.

In the first case, immediately before the sale of the apartment, it is privatized . The apartment is considered privatized immediately after receiving the main document - an extract of ownership . Thus, there is no restriction on the sale of an already privatized apartment - it can be sold the very next day.

Another option is to undergo privatization simultaneously with the sale of the apartment to the buyer.

After the privatization procedure is completed, the apartment becomes the property of the buyer. This allows you to save time and delegate the costs of all related procedures between the seller and the buyer.

Additionally, you should take into account the obligation to pay income tax at a fixed rate in 13%.

Previous options considered the need for preliminary (or simultaneous) privatization of the living space being sold. There is an option for selling a non-privatized apartment, which provides for the presence of a “buffer” living space. For this reason, the buyer is almost always a real estate agency.

The procedure is as follows:

1. Drawing up an agreement with a potential buyer. It is necessary to notify the buyer that the apartment is not privatized.
2. Purchasing a “ buffer ” apartment. Such an apartment is real estate that is in the private full ownership of the buyer (agency).
3. Preparation of a complete set of documents: a purchase and sale agreement for a buffer apartment is drawn up, documents are prepared for the exchange of a non-privatized apartment for a buffer apartment.
4. Exchange of a non-privatized apartment for a buffer one.
5. At the final stage, the seller of a non-privatized apartment sells the buffer apartment that has become his property. The price for it is determined based on the market price of a non-privatized apartment minus all associated costs.

In this way, the restriction on the sale of municipal housing space is circumvented. In fact, the seller exchanges a non-privatized apartment for private real estate and then sells it to the same agency. This procedure is complex and requires a responsible approach and a lot of documents. This is the reason for numerous cases of fraud in such transactions.

Fraud in the sale of a non-privatized apartment

The main problems when selling under a buffer scheme arise at the second stage, when the seller is required to pay for the buffer apartment. However, “ pitfalls ” can be hidden in everything: from duplicate documents to a fictitious transaction.

The real estate agency acts as the buyer, and the buffer apartment is its property.

The agency can “sell” a buffer apartment to several buyers at once - and often requires money to be paid in advance, before registering the transaction, citing the need to reduce time and its own costs. Since it is quite difficult to find a buyer for a non-privatized apartment, many agree.

Of course, such a transaction is declared invalid, the seller of the non-privatized living space remains in it, but it is practically impossible to return the deposit transferred for the “buffer” apartment.

Another catch is the legally established need for registration in a municipal apartment. At the same time, until the current tenant has checked out of such an apartment, other tenants cannot be moved into it. This can significantly slow down the timing of the sale of such real estate.

In order to avoid such troubles, you should carefully monitor each stage of the procedure, hire real estate specialists and use the services of accredited notaries.

The most popular questions and answers to them regarding the sale of a non-privatized apartment

Question : We live in a non-privatized three-room apartment: me, my daughter and her minor child. Is it possible to sell a non-privatized apartment if my daughter is against it? Tell me, what are my options?

Answer : Hello. Unfortunately, several restrictions apply in your case. Firstly, selling a non-privatized apartment using conventional schemes is practically impossible - special, very complex procedures are required. Secondly, the legislation strictly prohibits infringement of the rights of minors .

Therefore, you will have to provide the court with confirmed options for separate housing for the minor and his parent (your daughter).

The most optimal option seems to be privatization - then the apartment will become common shared ownership with equal shares for you, your daughter and her child, after which you will be able to sell your share in the apartment on a general basis.

An example of the sale of a non-privatized apartment

Citizen I. lived in a non-privatized apartment and had a debt on utility bills. She did not have the funds to pay off the debt - it was impossible to privatize such an apartment. To solve this problem, citizen I.

contacted a real estate agency, which offered her to exchange her non-privatized apartment for a privatized one under a buffer scheme, with the debt paid at her expense.

A notarized loan agreement was drawn up, after which the purchase and sale of a non-privatized apartment took place according to the established procedure.

Conclusion

Despite the fact that the period for free privatization is officially set indefinitely, in some cases there is a justified need for the urgent sale (or exchange) of a non-privatized apartment. It should be taken into account that legislative restrictions strictly prohibit the sale of non-privatized living space if it is established:

1. The presence of utility debts , regardless of their amount;
2. The apartment is located in a dilapidated building and is being moved out;
3. Minor live in a non-privatized apartment .

Resolving such situations requires a lot of effort and almost always ends in the courts.

In other cases, you can either combine the procedure for privatizing an apartment with its sale (to save time), or use the “gray” scheme, which uses buffer living space.

You should take into account the need for strict control over each stage of such a scheme - this is the only way to protect yourself from cases of fraud.

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