Privatization of a dorm room: order, documents - is it possible and how to privatize a dorm room

Today, residents of Russia can privatize a dorm room according to the standard procedure.

Some people take advantage of this opportunity, while other residents have many questions that discourage them from this process.

How does privatization of a dorm room take place? What documents are needed in 2023? How much will you have to spend? Where to begin? We will answer these and other questions in our article.

In general, housing privatization cannot be called a complex process. All that is required of those wishing to get a room is to prepare documents and submit them for consideration to the local authorities. The difficulty may arise due to the uncertain situation with municipalities, which quite often refuse. The basis for privatization is a social tenancy agreement.

Basic pros and cons

Is it necessary to privatize a communication room in 2023 on the basis of a social tenancy agreement? It all depends on your plans. There are both advantages and disadvantages to owning your own home. So, the main advantages of your dorm room include:

• the presence of personal space that you can arrange according to your preferences, make repairs and choose your own style;
• the opportunity to freely dispose of one’s property: rent it out to third parties for use, sell it, give it as a gift, leave it as an inheritance, etc.

In general, a dorm room is your own corner that no one can take away. However, there is also one significant drawback to the privatization of such housing. Owning real estate in 2023 makes it impossible to get an apartment or house as part of the social queue, since you are already provided with housing.

How much does it cost to privatize a dorm room on the basis of a social tenancy agreement? The procedure involves several mandatory payments. First of all, you need to pay the state fee, which costs 4,800 rubles.

Submitting an application will cost 500 rubles. At the registration chamber you must obtain a document for the room, which confirms ownership. For this you will have to pay 1000 rubles.

Receiving an extract from the Unified State Register also requires payment of 220 rubles.

Registration process

Privatization of a dorm room in Russia is carried out on the basis of an application to the municipal authorities. You need to go through certain stages, the first of which is collecting papers. In addition, in 2023 you need to prepare documents and submit them for consideration to local authorities.

In order to privatize a dorm room, you will need the following documents:

• passport or birth certificate of all participants in the privatization process;
• an application in the prescribed form (a sample can be found at municipal authorities), which must be certified by the management company;
• order;
• social rental agreement;
• cadastral passport;
• confirmation that the application for privatization is primary;
• confirmation that the room is not privatized by another person;
• extracts from the house register and personal account.

If one of the family members decides to refuse privatization, then he must write a corresponding statement and have it certified by a notary.

In addition to the above papers, you will need documents that include technical information about the dorm room. Most of the papers can be completed at the local authorities of Russia, which are responsible for maintaining the house.

The cost of obtaining in 2023 depends on the specific region. Some documents are issued completely free of charge.

Unfortunately, municipal employees do not always share the same opinion regarding privatization. There are often situations when the procedure for transferring ownership of a room or apartment is simply refused. In this case, the only option to get the opportunity to privatize the room is to file a claim in a Russian court.

Privatization through court

A hostel in Russia can have different statuses. If the house belongs to specialized housing and is not on the balance sheet of local authorities, then, most likely, privatization will be refused. What to do in this case? The only option is to apply and defend your rights through the court.

First of all, you need to contact the local court and file a claim for the privatization of housing. The case will be heard by the court that serves the area where the hostel building is located. You need to start with a statement. In the statement of claim in 2023, you must indicate one of the following requirements:

• enter into an agreement with local authorities to obtain ownership of a room, which will be transferred on the basis of the right to privatization;
• transfer ownership of the room as part of privatization.

Deciding specifically which claim to file in court can be based on various factors in a particular situation. We recommend that you contact a professional lawyer who will analyze the refusal and help you file a claim correctly.

The documents required are almost the same as for the standard procedure for obtaining an apartment in Russia.

If you collect all the necessary papers, draw up your application correctly and justify your position, then there is a great chance of getting a room.

A positive court decision must be submitted to the local municipality. After this, they will have no reason to refuse you to enter into an agreement to transfer the room into your ownership. Next, you need to register in the register and receive a confirmation document. Privatization of a dorm room in Russia is free, but you will have to pay for paperwork.

Refusal to privatize

If a person was unable to privatize a room under a social tenancy agreement, then he goes to court and tries to challenge the decision. However, this does not give any guarantee of success, because the judge may decide that the refusal was completely legal.

There are some cases when it is almost impossible to privatize a dorm room:

• it is a walk-through;
• it was issued by the employer after March 2005;
• The room has been transferred to municipal ownership.

If the room is a walk-through room and is not isolated from other rooms, then it most likely will not be possible to privatize it, since in this case it is impossible to provide comfortable living conditions. Moreover, such a prohibition is provided for by current legislation.

A room that was previously owned by a private company but was transferred to the municipality cannot be transferred into ownership. There is no such situation with Russian government institutions.

However, it is impossible to say for sure in advance whether you can win the trial or not. The judge's decision will depend on many factors, after analysis of which a conclusion can be drawn.

We do not recommend going to court in Russia on your own, since the chances of winning will be scanty if you do not understand the legislation perfectly. It is necessary to find an experienced lawyer who deals exclusively with housing privatization cases.

The fact is that the decision will be influenced not only by the applicant’s argument, but also by compliance with all formalities and nuances. Of course, their services must be paid, but a successful result will fully repay all costs.

How to privatize a dorm room

Until recently, registering a dorm room as private property was impossible. Only after updating the Housing Code did privatization gain legal grounds and opportunity. Privatizing a dorm room is accompanied by difficulties and paperwork.

In which hostel can you privatize a room?

In order to privatize a dorm room without any problems, it is better to immediately familiarize yourself with the legal requirements for such housing so as not to be refused. Among the main conditions:

• The dormitory must be on the balance sheet of the city municipality and not belong to the housing stock of organizations and enterprises;

• Before being transferred to municipal ownership, the building was on the balance sheet of the city housing fund or city organization;

• The hostel is residential and is used for its intended purpose, that is, for living.

Among other conditions, it is important that the room to be decorated has the status of residential premises . A refusal will be received if the room is documented to have a different status, for example, office space.

It will not be possible to privatize a room even if the hostel is official housing or is located in a military camp.

Any failure to comply with these requirements may serve as a reason for refusal of privatization, however, it is possible to challenge the municipality’s decision through the court in case of an unjustified refusal.

The procedure for privatizing a dorm room

So, the decision has been made and no obstacles to privatization have been identified. Where to start the privatization procedure? First of all, you should start collecting and preparing documents. It is also necessary to apply to the municipality for a housing warrant.

Documents for registration of a room as property

The package of documents is quite standard; nothing extraordinary or impossible is required to be collected. The following papers will be required:

• Passport documents of all people living in the room;
• Application for registration received from the housing maintenance company;
• Cadastral and technical documents of the premises;
• Social rental agreement;
• Order for the room;
• A document confirming that the housing has not previously been privatized;
• Extract from personal current account;
• A document from the register of city or state property.

Download Application for privatization of a dorm room - Sample

In addition, the household may need to renounce privatization, which must be notarized.

Documents that relate to technical characteristics and information can be obtained from the BTI or branches of Rostekhinventarizatsiya. The remaining papers can be obtained from the municipality and the housing maintenance company that maintains the hostel.

Established procedure and registration procedure

After all the papers are collected, they are sent to the appropriate department in the city or district administration. The documents are accompanied by a receipt confirming payment of the fee for this procedure .

If all documents have been collected and submitted in the correct form and in the required volume, the municipality transfers the room to the ownership of the tenant. It takes about 1 month to complete such an agreement. After this, the owner must contact Rosreestr in order to register ownership of the room.

How to privatize a dorm room through the court

The municipality often refuses privatization to employers for far-fetched or illegal reasons, regardless of legislative documents and legal norms. In this case, registration of ownership is possible only through the court.

In order to start the privatization of a room in a hostel, you should file a claim with the court that has jurisdiction over the hostel. For such a statement, two types of conditions are possible:

• Force the administration to issue a permit to obtain ownership of housing;
• Recognize ownership of the premises through privatization.

Download Statement of Claim for privatization of a dorm room - Sample

Depending on the reason for the refusal and the specific case as a whole, the optimal variant of the requirement should be selected. Documents similar to ordinary privatization will need to be submitted to the court.

If all the documents provided to the court do not contradict the legislative possibility of privatization, the conditions are clearly and competently drawn up, the case is usually won.

After a positive court decision, the owner submits the document to the municipality and writes an application for registration.

After which it will also have to be registered no later than within 30 days with the Rosreestr authorities.

Cost of registration of a room as a property

The procedure for privatizing a dorm room is free. However, certificates and technical documents will also require some investments when issued:

• the technical passport will have to be paid for from 900 rubles;
• cadastral passport of the room - from 200 rubles;
• state duty - 500 rubles;
• If relatives refuse privatization, it must be notarized, which will also be an additional expense.

In general, the cost of the privatization procedure does not exceed 5,000 rubles.

If privatization is carried out by specialists , the amount spent on the procedure will increase significantly. Typically, specialist services start from 7,000 rubles. The final amount will depend on the complexity of the registration and urgency.

Privatization of a dorm room is a nervous and difficult matter. You should gain strength and patience before starting registration. The municipality has many reasons for refusal. For example, the emergency condition of the hostel, inconsistency of status in the housing stock.

Privatization of a dorm room: where to start

A hotel apartment is a dream for many citizens, especially for those who live in a hostel. Most often, housing of this type is provided by work or an educational institution, in more rare cases - by the district administration. Privatizing a dorm room is a rather complicated process and not always feasible.

If the room in the dorm is a walk-in room, departmental, or was received after 2005, it will not be possible to privatize it. To privatize a room, you need to collect a lot of documents, this should be done by the main tenant. Here you can find out where to start privatizing a dorm room.

What is privatization in a hostel

Today there are many buildings that have the status of dormitories.

We inherited this housing from the previous Soviet era, when there was a need to give small-family houses the status of hostels.

The modern situation requires privatization of housing to solve many housing issues, and the cost of privatization depends on how easy privatization will be for you.

Today there are many buildings that have the status of dormitories

The most difficult among such issues is the privatization of rooms in dormitories, since in addition to the difficulties of the privatization process itself, there are also a number of restrictions on the privatization of rooms in certain types of dormitories. To resolve this issue, it is necessary not only to have the necessary documents, but also to know all the intricacies of the legislation provided for on these issues.

Currently, a fairly large number of citizens live in such conditions, for whom the privatization of a dorm room is a fairly pressing problem. Indeed, in order to improve the quality of housing, they need to solve a lot of complex issues, primarily related to the privatization of residential premises.

The time frame for privatizing a dorm room can be quite long, since privatizing a dorm room is a very difficult process for ordinary people.

In addition, the wrong approach to this process can even lead to loss of property rights. In this case, people living in the hostel risk ending up on the street. Almost all individual cases require trial in court.

Privatization of a room in a Moscow dorm is no less pressing issue than similar situations in other regions of the country.

However, the lack of clear regulatory legislation makes this process difficult and delays the privatization of a dorm room as much as possible, since most citizens who decide to privatize their housing cannot know all the intricacies of the legislation. The privatization of dorm rooms today is carried out in most cases through the courts.

Privatization of a dorm room

The current legislation of Russia contains a direct ban on the privatization of rooms in a hostel, but this rule has exceptions: if the hostel becomes municipal property, a social rental agreement is concluded with the residents, on the basis of which privatization is possible.

To transfer ownership, the tenant must follow a certain procedure, collect a package of documents and send them to the local housing department.

After checking the received information, the authorized body makes a decision to approve or refuse privatization. It is important that those who live in dormitories, even after receiving a refusal to transfer ownership, have the opportunity to appeal the negative decision in court.

Necessary conditions for privatizing a dorm room

The provisions fixed in housing legislation establish that dormitories provide citizens with temporary accommodation for the period of their work or study. In this connection, premises of this kind are not subject to privatization.

However, due to a number of certain circumstances, the hostel can be transferred from state property to municipal property, and therefore it loses its status. Accordingly, the privatization of a room is feasible only if the functions performed by the hostel to provide citizens with temporary residence are terminated.

Drawing up a social tenancy agreement for the privatization of a dorm room

In that case, the house was transferred to municipal ownership, then it is necessary to conclude a social rental agreement with the local administration. This document will confirm that the room located in the hostel was given to the citizen for use indefinitely and on appropriate legal grounds.

In order to draw up a social tenancy agreement, you will need to draw up a standard application form, to which you will need to attach the following documents:

• general passport;
• certificate of marriage/termination (if any);
• birth certificates of children (if any;
• documentation confirming the citizen’s right to use the room;
• a copy of the work record book (if the living space was provided by the place of work);
• own any other The application sent to the local administration is subject to consideration within thirty days, after which a social tenancy agreement must be drawn up.

Documents required for privatization of a dorm room

After concluding a social rental agreement, the procedure for privatizing a room is carried out in a standard manner, which involves sending all necessary documentation to the registration authority.

Depending on the specifics of the situation, the registration authority may require the citizen to provide any other documents

Depending on the specifics of the situation, the registration authority may require the citizen to provide any other documents.

After a properly completed application with the above documents attached to it is sent to the registration authority, the registration procedure will be carried out for about two months, after which the subject will be issued a certificate of ownership and thus the privatization of the dorm room will be completed.

The documents required for privatization of a dorm room must be as follows:

• copies of general passports of all persons registered in this room;
• copies of children's birth certificates (if necessary);
• technical passport (plan) of the room;
• social rent agreement (original and copy);
• a copy of the financial and personal account;
• extract from the house register;
• a certificate confirming that the citizen has not privatized his previous place of residence;
• certified (notarized) refusal to privatize the persons who lived in the room, but were not interested in its privatization;
• receipt of payment of state duty.

What does privatization of a dorm room give the owner?

• When thinking about how to privatize a room in a hostel, it is necessary to take into account the fact that as soon as the latter is privatized, the right to purchase housing through the social queue is immediately canceled and thus only one room (in the vast majority of cases of very modest size) will be owned.
• Therefore, before initiating the process of privatization of this room, you should carefully consider whether it makes sense to refuse the housing queue, which gives the right to receive housing more suitable for comfortable living.
• Of course, privatizing a dorm room gives its owner a number of very attractive opportunities, such as, for example:

• selling a room and using the proceeds to purchase an apartment;
• using a room as collateral when applying for a mortgage.

Under what conditions can hostels be transferred to the ownership of municipal authorities?

Dormitories owned by state (municipal) institutions and commercial enterprises can be transferred to the ownership of municipal authorities for subsequent privatization by citizens of the Russian Federation, subject to a number of conditions.

Transfer conditions:

• the transfer is made with the voluntary consent of the organization - the owner of the hostel, which transfers (donates) this property to the municipality free of charge;
• after which the local government body makes a decision to exclude the property from the specialized housing stock;
• the authorized department of the municipal board changes the status of the hostel to the status of an apartment building;
• As a result, social rental agreements are concluded with persons living in such a building.

Subsequent privatization of rooms and apartments in dormitories transferred to municipal ownership is carried out on a general basis in accordance with Federal Law No. 1541-1 of July 4, 1991.

When you can’t privatize a dorm room

A large number of Russians living in dormitory-type houses set themselves the goal of taking possession of the room as private property through its privatization. State legislation on this issue has a lot of disagreement. Consequently, the process itself has a sufficient number of various nuances.

For example, there are certain circumstances when it is practically impossible to privatize a dorm room:

• the living area is a walk-through;
• the employee received it from the organization in which he works after March 2005;
• The room is departmental.

If we consider that the living space, for example, is a walk-through and is not isolated from other rooms, regardless of their purpose, then it is quite likely that it will not be possible to completely take possession of it, because there is no possibility of quality living conditions. Among other things, this is prohibited by law.

Residents who have the right to privatize a room in a dormitory

The opportunity to privatize real estate owned under a social tenancy agreement is provided to any tenant who has rights to it, but under certain conditions. The corresponding category of citizens is defined in the Housing Code of Russia.

Category of citizens with the right to privatize a room:

• main tenant;
• members of his family;
• his dependents who are fully supported;
• persons who actually live with the tenant and lead a joint household.

Adult citizens and persons under 18 years of age have the same rights during privatization.

Is it possible to privatize a dorm room?

In accordance with Art. 4 Federal Law No. 1541-1 dated 04.07.1991 “On the privatization of housing stock in the Russian Federation”, the current Russian legislation establishes a ban on the transfer of housing located in dormitories into the ownership of citizens, but this rule of law has exceptions.

Subject to a number of conditions, privatization is possible if:

• residential premises are transferred from the ownership of state and municipal organizations to the balance of the city or the ownership of the municipality. Such a building will be referred to as a multi-apartment residential building;
• with persons living in the relevant real estate , which is the basis for citizens to have the right to participate in the privatization transaction;
• in addition, the room that is subject to privatization should not be a walk-through room, but be an isolated living space;
• it is also impossible to become the owner of only part of the housing - ownership is established on separate, separate real estate.

Citizens living in hostels, if their housing rights are violated, have the opportunity to privatize a room in such a house by applying to the judicial authorities.

How to privatize a dorm room

Such premises are intended for temporary residence of citizens during their work, service or training. Accordingly, the rental agreement for residential premises in a hostel is concluded for the period of employment, service or training (Part 1, Article 94, Part 2, Article 105 of the Housing Code of the Russian Federation).

Residential premises in dormitories are classified as a specialized housing stock, which is a combination of residential premises of the state and municipal housing stock (clause 2, part 3, article 19, clause 2, part 1, part 2, article 92 of the Housing Code of the Russian Federation).

At the same time, for a significant part of citizens living in residential premises in dormitories, the labor relations on the basis of which they were granted the right to live in dormitories have long been lost.

In what cases is it possible to privatize residential premises in a dormitory?

Citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on the terms of social rent have the right to purchase them, that is, to privatize them (Article 2 of the Law of July 4, 1991 N 1541-1; Chapter 8 of the Housing Code of the Russian Federation). As for the residential premises of hostels, they are not subject to privatization (Article 4 of Law No. 1541-1).

In order for residential premises used as dormitories to be privatized, it is necessary that they be located in residential buildings owned by state or municipal enterprises/institutions and be transferred to the jurisdiction of local governments.

In this case, regardless of the date of their transfer to municipal ownership and the date of provision to citizens, the norms of housing legislation on social tenancy agreements are applied, and, accordingly, such premises can already be privatized on general terms (Article 7 of the Law of December 29, 2004 N 189-FZ ; Article 2 of Law No. 1541-1).

How to privatize a dorm room

Home / Apartment

Previously, the privatization of residential premises in dormitories was prohibited, but with the advent of the new Russian Housing Code, registration of privatization became possible.

Despite the fairly clear regulation by Russian legislation of the procedure for the privatization of premises in a hostel, this procedure often causes many difficulties in practice, and takes longer than the privatization of ordinary residential premises.

In many Russian municipalities today, the practice has developed when owners of dorm rooms are denied privatization, offering either to buy the room at the market price or to vacate their housing. Such refusals are not entirely legal.

The reasons for refusal to carry out privatization may be related, for example, to the fact that this hostel has not yet been formally transferred into the ownership of the municipality according to the documents and continues, as before, to be on the balance sheet of the organization. In addition, municipal authorities sometimes delay the registration of necessary social rental agreements with hostel residents, although such registration, according to the law, is their responsibility.

However, all of the above reasons and other not entirely legal circumstances should not affect the implementation of citizens’ housing rights, including the regulated right of a Russian citizen to free privatization of housing.

The law of the Russian Federation regulating the privatization of the Russian housing stock gives the owner of a dorm room the right to apply to the courts if his rights in matters of privatization of a residential property are violated. Therefore, until now, the privatization of dorm rooms by Russian citizens is often carried out only by decision of a judicial authority.

General procedure for privatization of housing in a hostel

Where to start privatizing a dorm room? In order to exercise the right of Russian citizens specified in the law to carry out free privatization of residential premises, the owner of a room in a dormitory needs to clarify with the authorized bodies of the municipality what legal status the dormitory house has.

If it turns out that the house is not part of a specialized housing stock, but belongs to the municipality, then the privatization procedure will be much simpler and faster. In this case, the owner of a room in a dormitory must contact the district administration in order to conclude a social rental agreement, and also obtain an extract about the status of the house from the municipal property register.

After following these procedures, the privatization of residential premises in a hostel takes place in the general manner and is practically no different from the free registration of a separate apartment as a property.

If, in the process of checking the status of the residential premises, it turns out that the hostel is part of a specialized housing stock, then the owner of the room will most likely be denied the housing privatization procedure. In this situation, there is only one way out - privatization of a room in a hostel house through the court.

Required documents

To privatize a dorm room, you need to collect the following package of documents:

1. Passports of all citizens with permanent registration in the relevant area, and birth certificates of children under 14 years of age;
2. Social tenancy agreement with the municipality;
3. BTI technical passport;
4. Extract from the house register;
5. Notarized refusal from citizens registered in the appropriate room, but who do not want to participate in the privatization procedure;
6. Information about financial personal account.

Find out how to conclude a social tenancy agreement for residential premises, a sample of which you can download from our website.

What you need to know when buying an apartment in a new building can be found in this article.

Privatization of a hostel in court

If privatization of residential premises in a dormitory is required through the court, the owner of the room must act as follows:

• write an application for free privatization;
• receive a reasoned refusal to privatize;
• apply with the received refusal and a statement of claim to the court, declaring a demand for recognition of ownership of the corresponding room in the hostel house in the manner of privatization or a demand for forcing municipal authorities to privatize the housing specified in the claim.

After a positive court decision and collection of all documentation, you need to register ownership with the authorized registration authority.

We invite you to watch a short video that complements the information posted above.

The procedure for the privatization of rooms in dormitories has been regulated | YURLIGA

• The Ministry of Regional Development brought the Regulations on the procedure for transferring apartments (houses) and residential premises in hostels into the ownership of citizens in accordance with the Law “On Amendments to Certain Legislative Acts of Ukraine Concerning Ensuring the Realization of Housing Rights of Hostel Residents.”
• The corresponding order of the Ministry of Regional Development dated May 10, 2018 No. 114 will come into force on the date of official publication.
• It is provided that the requirement to live in a dormitory for a long time does not apply to family members of a citizen who has been issued a warrant for living space in a dormitory and who is the main tenant of residential premises in the dormitory, as well as to residents of dormitories who have been moved into the dormitory on legal grounds the hostel actually lived in it for a total of at least one year and became participants in the ATO.

The list of documents that are submitted to the privatization authorities also been updated In particular, a certificate of family composition is excluded from the list, but instead of this certificate the applicant will have to submit copies of identification documents and confirming the citizenship of Ukraine of all members of his family who live with him, as well as copies of their identification codes and copies of documents issued by the authorities Civil Registry Office or a court confirming the relationship between family members (birth certificates, marriage certificates, divorce certificates, court decision on divorce that has entered into legal force, etc.).

1. You also need to submit certificates of registration of the place of residence of the applicant and all members of his family registered in the apartment (house), living quarters in a dormitory, or a room in a communal apartment.
2. The application is also accompanied by:
3. — extraction from the State Register of Rights to Real Estate about the availability of housing;
4. — a copy of the rental agreement and/or a copy of the rental agreement;
5. — form of primary accounting documentation N 028 / o “Consultation opinion of a specialist” with a note about the absence of tuberculosis.

The decision to transfer apartments (houses), residential premises in dormitories, rooms in communal apartments into the ownership of citizens is made by the privatization body.

Based on this decision, the privatization body issues a certificate of ownership and registers it in a special registration book of apartments (houses), residential premises in dormitories, rooms in communal apartments owned by citizens on the basis of private (common, common shared) ownership.

Let us remind you that citizens who have been living in hostels for a long time on legal grounds determined by law can privatize residential premises after transferring the hostels into the ownership of territorial communities

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How to privatize a dorm room under a social rental agreement?

Russians received the right to freely transfer municipal housing into private ownership in 1991, when Federal Law No. 1541-1 was adopted.

However, Article 4 of this document excluded dormitories from the list of residential properties subject to privatization. Until recently, this issue was not even considered by municipalities.

The privatization of rooms became possible only after the adoption of amendments to the Housing Code of the Russian Federation.

General rules for privatizing a dorm room

Despite the fact that the transfer of dorm rooms into private ownership has become possible for residents, this process is still accompanied by many legal nuances.

Legislative norms

All features of the privatization of real estate, including rooms in dormitories, are regulated by the following legislative documents:

• Civil Code of the Russian Federation;
• Housing Code of the Russian Federation;
• Law No. 122-FZ “On state registration of rights to real estate and transactions with it”;
• Law No. 1541-1 “On the privatization of housing stock in the Russian Federation.”

Persons entitled to privatization

Every citizen who lives in it can privatize a room in a hostel, subject to certain conditions. At the same time, adult residents and persons under 18 years of age have equal rights.

Conditions for privatization

It is possible to register a room as private property only if the building belongs to the housing stock and is on the balance sheet of the municipality. Also, a social tenancy agreement must be concluded with residents.

Housing requirements

In order for privatization to become possible, the room must:

• to be isolated;
• have load-bearing walls and a separate entrance;
• do not have illegal alterations.

The privatization of part of residential premises - for example, a kitchen or a bathroom - is prohibited at the legislative level.

In other words, residents of the hostel have the right to register ownership only of their own room, and common areas (corridors, kitchens, halls, showers, etc.)

) in any case will remain the property of the municipality. Moreover, each of the residents of the building has the right to use them on a general basis.

Privatization procedure

Privatization of real estate occurs according to a given algorithm, but for dorm rooms there is a special procedure for re-registration of property.

Where to begin

The very first thing a citizen who wants to privatize a dorm room needs to do is seek advice from the city or district administration at the location of the property. Employees will be able to give an accurate answer as to whether the room can be privatized, and will also provide a complete list of documents required to register ownership of the property.

Next, the applicant will need:

1. Collect the entire package of required papers and, together with them, contact the administration again.
2. If local authorities have no complaints about the documents, a room privatization agreement will be concluded with the citizen.

   IMPORTANT! If the administration refuses to transfer the property into private ownership to the applicant, the problem will have to be resolved through litigation.

3. After completing the privatization procedure, the owner must register ownership with Rosreestr.

Rooms in a student dormitory

Citizens living in student dormitories do not have the right to make rooms their personal property, since this type of building belongs to special-purpose housing. Privatization of this object is prohibited at the legislative level.

Under a social tenancy agreement

Download (DOC, 75KB)

The social tenancy agreement is the main document on the basis of which the room is transferred to private ownership. This document is drawn up in the city or district administration. After receiving the contract in hand, you must also issue a certificate confirming the status of the property and obtain consent to privatize the room from each family member.

When living together

Options for privatizing rooms used for living together between people who are not related to each other are quite controversial.

The decision will depend, first of all, on how many people actually occupy the room at the moment.

If at least two people who are not relatives live in it at the same time, it will not be possible to obtain the right to privatization even through the court, since the court cannot infringe on the rights of any of the residents.

If, at the time of applying to the court, only one person actually lived in the room, the court may allow him to individually privatize the residential premises.

Required documents

To privatize a dorm room, you will need to collect a package of documents, which includes:

• civil passports proving the identity of each of the living residents (for children under 14 years of age, a birth certificate must be provided);
• social rental agreement;
• registration certificate for the room, issued by the BTI;
• extract from the house register;
• cadastral passport of residential real estate;
• extract from the register of objects related to municipal property;
• a certificate stating that the applicant and other interested parties have not privatized the property previously;
• extract from financial and personal account;
• refusals of persons who do not want to participate in privatization (this document must be notarized);
• application according to the established template.

Sample application

• Download (DOC, 38KB)
• The application must be written by the applicant personally and also signed by all persons involved in the privatization of real estate.
• The application will need to indicate:

• type of ownership (single, shared, joint) in which the housing will be registered in the future;
• Full name of all future owners;
• the exact address of the hostel where the room is located;
• consent to privatization of all persons living in the premises (indicating their passport details and dates of birth).

The finished document must be certified by the management or housing maintenance company.

In what cases is privatization impossible?

Cases of refusal to privatize a room are not uncommon. The reason for this may be the following circumstances:

• the hostel does not belong to the municipality, but belongs to a specialized fund (for example, it is the property of a university or college);
• the building was completely transferred into private hands;
• the premises have been converted and are no longer considered residential;
• the room was illegally remodeled;
• tenants have unpaid debts for utilities.

Also, reasons for refusal of privatization may arise due to the carelessness of the applicant. For example, if he made mistakes in paperwork or did not provide a complete set of papers. In this case, the problem can be solved simply: the documents can always be reissued.

If one of the residents is against privatization

When one of the residents does not want to participate in privatization, he needs to write an official refusal, after which the design of the room will become possible without his participation.

IMPORTANT! If a written refusal cannot be obtained, there is still a chance to transfer the property into private ownership. In some cases, when a tenant who refuses privatization already owns an apartment or other real estate, his opinion may not be taken into account at all.

Resolution of the issue in court

All controversial issues and problems that arise during the process of transferring real estate into private ownership are usually resolved in court.

Procedure

A citizen who has been denied privatization of a room must file a claim in the court of general jurisdiction of the city or district to which the hostel belongs.

IMPORTANT! Before applying to the court, you should obtain an official document from the administration, which will indicate the reasons for the refusal.

1. The plaintiff should also prepare a written application, indicating in it the requirement for the right to privatize the residential premises.
2. Download (DOC, 38KB)
3. After the claim, along with a written refusal from the administration, is submitted to the court, the applicant can only regularly attend all meetings and wait for the court decision.
4. If the court finds privatization possible, the final stage will be registration of property rights in Rosreestr.

Procedure

Consideration of each case of privatization of a dorm room may have its own characteristics, but the court always pays attention to the following details:

• whether the hostel belongs to the housing stock;
• is there consent of all residents;
• whether a social tenancy agreement has been concluded.

Only after all the above questions have been answered will a decision be made on the possibility of privatization.

Timing and cost

Before the start of legal proceedings, the plaintiff will need to pay a state fee of 300 rubles.

The period for consideration of the case is usually at least two months. But if the case is complex, the process of making a court decision may take a longer time.

Arbitrage practice

According to established judicial practice, applicants began to increasingly receive permission for privatization. If until 2004, almost all claims asking for permission to transfer a dorm room into private ownership were refused, today the outcome of the case is favorable for the plaintiff in almost 100% of cases.

Conclusion

Despite the fact that the transfer of a dorm room into private ownership is not prohibited by law, the municipality has every right to refuse the applicant privatization. In this case, government officials may cite various reasons.

Only a trial will help to understand how legal they are.

If the administration’s actions are illegal, the applicant will receive permission to re-register the property and in the very near future will become the owner of the property.