Selling a non-privatized apartment, is it possible and how to sell a non-privatized apartment in 2023

According to the law, an apartment that is not privatized in accordance with the established procedure cannot belong to residents, since it is owned by the state or municipality.

Only the owner can sell the property, otherwise the transaction will be considered invalid.

Non-privatized residential properties make up 25% of the total amount of real estate. By law, only Russian citizens registered there can use non-privatized housing.

It is impossible to use state real estate as collateral, or to sell or bequeath it, since residents are limited by the terms of the social tenancy agreement. It involves the residence of persons at state or municipal facilities who need improved housing conditions.

A municipal room in a communal apartment also cannot be sold without privatization, since it also belongs to the private property of the state. In such apartments it is impossible to allocate a share with a subsequent right to sell, redeem or donate.

It will not be possible to sell an apartment in a special market. houses, social hostels, and also in military camps.

Methods for selling non-privatized housing

The current privatization program is designed to ensure that persons who have received apartments or houses as their own can independently manage real estate - sell, exchange, donate.

You cannot dispose of the apartment without registration of privatization. Therefore, before selling real estate, it must be privatized by law.

But there are times when a person urgently needs to sell his home and does not want to wait several weeks for the privatization procedure. This is where the question often arises: is it possible to sell a municipal apartment without privatization? The owners of the municipal square still found several ways to complete the transaction with the sale of housing.

Through registration

To check out of non-privatized housing, you should prepare the following documents:

• a passport of a citizen of the Russian Federation, with a stamp indicating registration in a non-privatized apartment;
• application for deregistration;
• Departure sheet according to form No. 7.

While the passport is with the specialists, ask them to issue a temporary document confirming your identity.

Next, you should contact the housing department, TSE, MFC branch or local department of the Federal Migration Service . When the materials are under consideration, an official document will be issued confirming that you have submitted an application for an extract to the passport service.

After a while, you should appear at the institution where the application was submitted. Housing departments, TSE and MFC consider applications up to 6 working days, the Federal Migration Service - up to 3 days.

The disadvantage of this option is the distrust of buyers, since the procedure is carried out by verbal agreement with an unfamiliar person, without concluding transactions or contracts.

Buffer exchange

The second option, how to sell a non-privatized apartment, is practiced by real estate agencies that use a scheme with a “buffer” apartment. The entire procedure for such an exchange takes no more than a week, which is considered a fairly efficient method.

The buyer of a non-privatized home transfers money to the seller, who buys a buffer apartment from the agency, that is, some kind of living space . Usually this is very simple housing, located far from the city.

This method is possible in Moscow and some other regions where such exchange options are permitted by local legislation.

Before selling your living space, you should clarify in advance whether the housing is subject to privatization . These methods only work if the apartment can be privatized. If the residential property is located in a military camp or in a government department, then sale is impossible.

Sometimes the buyer insists that the seller rid the property of the “non-privatized” status, since a citizen has the right to complete this procedure only once. If he has already used his right to privatization, he will not be able to be the owner of the new home, remaining there simply as a tenant.

In this case, the re-registration procedure can be entrusted to adult relatives living in this apartment.

Through the exchange of non-privatized objects

Another legal way to sell non-privatized housing is to exchange it for an object, which also belongs to municipal property.

To do this, both parties to the exchange of the transaction submit applications to the Moscow Center for Rental Housing, where the application is reviewed within 10 days.

Based on the gift agreement, the tenant is registered and becomes the owner of the privatized apartment, and the buyer becomes the tenant. But in such a deal you will have to pay a lot for the exchange.

Such an exchange may be refused if:

• the house is recognized as unsafe;
• an official decision has been made to overhaul the house;
• a trial is being conducted regarding this apartment;
• the number of residents moving in exceeds the number of residents moving out.

The main requirement is the written consent of the registered residents . You also need to bring the original rental agreement and a copy of the applicants’ financial statements.

Sometimes you may need a marriage certificate, a certificate confirming relationship with the parties to the transaction, consent of the guardianship and trusteeship authorities (if there are minor children).

Nuances when selling and possible risks

With such methods of selling non-privatized housing, the seller has a certain risk . You may encounter fraud on the part of the agency or the buyer. Also, the owner can check out of the apartment, and the agency will refuse to buy back the buffer apartment or pay the money.

Experts recommend first checking the reputation of the company with which you are going to make a deal.

Another danger lies in the legality of the transaction. The seller may be faced with the fact that an interested party may file a lawsuit to invalidate the transaction. There are reasons for this, since selling an apartment in this way is considered a feigned or imaginary transaction.

To choose a reliable agency and reduce the chances of dealing with scammers, you need to:

1. Check the company's documents through lawyers or notaries.
2. Use trusted sources of information. Through relatives or friends, ask which real estate agencies they made transactions with.
3. Familiarize yourself with the company’s activities on the Internet through trusted sites and forums where the quality of services of companies and realtors is discussed.
4. Visit the company office. If the agency has been located at the same address for many years, the company building has a representative appearance, the employees openly accept clients, the chances of not falling for scammers increase.
5. Find out from the secretary whether the employee who offered you his services works for them.

You should also avoid overly tempting offers . There is a fixed price among real estate companies. If a company charges too low a price, then the agency is probably fake or provides reduced services.

Other details of the deal:

1. It is legally impossible to formalize the fact of making a deposit for a non-privatized apartment, since by law it belongs to the state.
2. During the exchange, the rule is observed: as many people leave, so many must enter.
3. Problems arise if you need to register in the living space of relatives living in the CIS countries.
4. The area of ​​the apartment should not be less than 15 square meters. m.
5. If you are asked to return your deposit, it is often difficult to do so.
6. Seller's capacity and sanity. Difficulties with the exchange will certainly arise if it turns out that the owner is registered with a psychiatric dispensary. Relatives have the right to file a lawsuit demanding that the transaction be declared invalid.
7. It is necessary to stipulate and notarize the deadlines for the owner’s release so that the release of the object does not become endless.

Selling an apartment with debts

If the seller puts up for sale privatized housing with debts, then the amount to pay off the debts by the buyer is deducted from the price of the apartment. The new owner is not required to answer for the debts of the former owner, but he will have to visit utility services and the courts.

If the buyer purchased a residential property along with debts that arose less than 3 years ago, the state will collect them from the former owner.

If housing with debts was not privatized, then after the sale the debts are transferred to the new tenant . Until the debts are repaid, he will not be able to use public services.

It is better to deduct the amount of debt from the sale price, having discussed this in advance with the buyer.

Privatization

The best way would still be to privatize the property, even if a buyer has already been found and a deposit has been paid.

It’s even better to document your every action, so if a future buyer offers a deposit, then:

• issue receipts when receiving a sum of money;
• enter into a preliminary agreement with a written obligation of the parties to formalize the agreement after completion of privatization;
• stipulate the cost of housing in the contract.

Selling an apartment legally means:

• lack of punishment for illegal actions;
• protection against fraudulent activities;
• increase in the market price of real estate;
• increasing the number of potential buyers;
• refusal to involve a real estate agency in the decision to sell an apartment.

The owner of his own converted housing has the right to freely dispose of it, and also receives the following benefits:

1. The owner can be evicted from an apartment or house only on the basis of a court decision.
2. New residents can be registered without the consent of municipality representatives.
3. All deals and agreements are concluded without the decision of officials.
4. If a house is recognized as unsafe, the owner of the dilapidated housing is provided with new housing or a sum of money according to the market value of the living space.

However, many residents of municipal buildings are in no hurry to formalize privatization. Re-registration is mainly refused by those who are limited in time and do not have the opportunity to deal with the procedure.

Apartment owners also do not want to enter into an agreement, since they are expected to undergo some changes, for example, the following:

• payment of contributions for capital repairs of the house and annual apartment tax;
• transfer of housing to legal heirs, even if a will was not drawn up from the previous owner;
• loss of rights to compensation for losses in the event of a flood, fire, or explosion.

How to privatize an apartment for sale in 2023

The process of property privatization is quite troublesome, so you need to be patient and time-consuming.

To privatize real estate, you should adhere to the following actions:

1. Collect a package of documents:
   • photocopies of the passport of registered citizens over 14 years of age;
   • copies of birth certificates for children under 14 years of age;
   • statement of consent to privatization of residents over 18 years of age;
   • documents on non-privatized housing (order or social tenancy agreement);
   • a certificate stating that the residential property has not been privatized before.
2. The privatization application and documents should be submitted to the local municipality department.
3. Conclude an agreement on the transfer of non-privatized housing to an individual.

On average, collecting documentation takes one month, and the conclusion of a contract is approved in 1-2 weeks . Therefore, it is better to start the re-registration process in advance, before the planned sale.

Residents decide how to sell non-privatized housing. They will have to choose what is more important: the safety of the procedure, monetary benefits or a tempting sales option. The main thing to remember is that before making this transaction, you should carefully study and provide for all kinds of risks.

Is it possible to sell a non-privatized apartment or room in 2023

The housing stock consists of real estate that has become the property of citizens and municipal (public housing). It is clear that citizens can make any transactions with their property, but not everyone knows whether it is possible to sell a non-privatized apartment. There are several options that allow you to transfer housing rented from the state to another person for money.

Is it legal to sell non-privatized housing?

It is easy to complete any transaction, if the housing is privatized, how can you sell the living space rented from the state? There are no legal options for selling an apartment that is municipally owned. There are workarounds that allow you to receive money for non-privatized real estate that is transferred to another tenant.

Methods for selling a non-privatized apartment

Several decades ago, exchange with an additional payment was the most common form of how to sell an apartment. After privatization, this method began to be used very rarely.

The disadvantage of the exchange-sale is that the exchange of non-privatized residential space is only possible for a similar municipal apartment. There is very little such housing stock left, so choosing an option for moving is difficult.

There are three options for how to sell a non-privatized apartment.

Option 1. A tenant of non-privatized residential space can register a buyer. After the money for the apartment is transferred to the previous owner, he checks out. The only owner remains the person who buys the non-privatized dwelling. This method also has its drawbacks.

Important . It is possible to register one more person in a non-privatized dwelling only if its area is larger than the required norm.

According to the existing law, social rented housing must have a total area of ​​at least 18 square meters. m. for each member of a family of 3 people. To register a fourth resident, the total area of ​​the apartment must be 72 square meters.

m. You can find out how to register in a municipal apartment here.

Option 2. The wife (husband) is registered in any territory. To do this, you do not need to obtain the consent of the other tenants of the home. A fictitious marriage with subsequent registration of the buyer is another type of sale of a non-privatized apartment. This is a rather dangerous option for the seller, since by entering into marriage, he thereby gives his spouse certain rights.

Option 3. The safest transaction for the seller is a sale through the transfer of ownership of non-privatized housing. It is still possible to transfer an apartment from a municipal fund to private ownership. To do this, you need to contact your local authorities with the appropriate documents.

Sale with privatization

The disadvantage of the deal is its length. Not every buyer will agree to wait until the apartment receives the status of private property. The advantage of the method of sale through privatization is the complete legality of the transaction.

Step-by-step instructions (steps)

The seller of a non-privatized apartment must act as follows:

1. Find out whether housing is subject to privatization.
2. Submit an advertisement for sale independently or through a real estate office.
3. Find a buyer.
4. Submit documents for privatization of the apartment to local authorities.
5. Receive a decision from the administration.
6. Register your right as an owner in Rosreestr.
7. Complete a purchase and sale transaction.

Even if a share of housing is privatized, it is possible to sell it.

The privatization of municipal housing is described in detail in a separate post on our website.

Required documents

Privatization of an apartment is carried out on the basis of an application from the tenant. The document can be handwritten or printed. The application is submitted in the singular from all participants in privatization, including minors. Documents can be submitted in person or through a proxy. The following must be submitted along with the application:

• passports of adult privatization members;
• birth certificates of minor residents;
• technical passport of the property;
• house book and extract from it;
• housing order (social rental agreement);
• consent of other family members;
• power of attorney for the representative (if any);
• USRN extract.

Timing and cost

After the sale through privatization, the seller will pay, in addition to the costs for registering the home, a 13% tax on the profit received. In addition, you will have to pay for notary services.

The process of transferring ownership of a home is free for those persons who have not yet participated in privatization. The cost of notary services depends on the price of the home being sold.

Registration with Rosreestr will cost 2,000 rubles.

From the moment you submit your application to the administration until you receive the documents with the decision, it will take about 2 months. It will take another 2 weeks to register with Rosreestr. If the privatization of a home takes place with the participation of the judiciary, the process may take up to 6 months.

Sell ​​via buyer registration

A rather dangerous option for selling non-privatized living space. This is only possible if the seller knows the buyer well and trusts him. Otherwise, you can become a victim of apartment scammers.

Responsible tenants often turn to lawyers with the question of whether it is possible to sell a share in the home. The article at this link will answer this question.

Step-by-step instructions (steps)

The procedure for the seller of a non-privatized apartment should be as follows:

1. The buyer takes a receipt for the transfer of money to the seller in the event of a transaction.
2. The receipt is certified by a notary.
3. Permission for registration is taken from registered relatives or local authorities (for a stranger).
4. The documents are handed over to the passport office.
5. After registering, a personal account and utility service agreement are reissued for the buyer.
6. The seller receives the money and checks out of the non-privatized apartment.

The new tenant decides for himself what to do next with the non-privatized home. This scheme also allows you to sell a room in a communal apartment or dormitory.

It is more difficult to sell using this scheme if the seller has relatives with shares.

How to sell a share in an apartment - you will have to transfer your part of the home to other owners for money through registration, or sell the entire home through the court with the subsequent division of the amount received.

Required documents

To register a new resident in a non-privatized apartment, the passport office provides:

• passports of all residents registered in the apartment;
• permission from each person registered;
• passport of the new tenant;
• application for registration from the tenant.

Timing and cost

Registration in non-privatized housing is free of charge. If you have all the permits, it takes less than one week to complete the documents. You will need a certificate of no debt for utility services. The new tenant can bear the cost of paying the expenses, provided that the amount repaid by him will be deducted from the price of the apartment.

Exchange

The exchange of non-privatized apartments is carried out by municipal real estate organizations (formerly apartment exchange bureaus). There are catalogs of exchange housing stock here. You can advertise your intention to exchange an apartment in local media. The transaction will not take place if the home:

• subject to demolition;
• recognized as emergency;
• It has undergone illegal redevelopment.

Step-by-step instructions (steps)

A tenant wishing to exchange non-privatized housing must:

1. Place an ad in a newspaper or on the Internet.
2. Find a buyer for a non-privatized apartment and agree with him on the terms of exchange with an additional payment.
3. The seller of a non-privatized apartment applies to the district administration with a request to allow the exchange of living space. The application form will be issued on site.
4. Receive additional payment from the client.
5. Move into the buyer's home.

Important . It is easier to exchange a property for an apartment with similar living and total area. Finding a suitable option on your own is difficult. In case of concluding such transactions, serious real estate organizations have purchased their own (buffer) residential territory, with the use of which more complex sales schemes can be carried out.

Required documents

To carry out the transaction, you will need to collect a package of documents:

• passports and birth certificates of all residents;
• order (social rental agreement);
• permission from the local administration;
• home Book;
• USRN extract;
• technical certificate;
• exchange permissions from all registered residents;
• power of attorney for a representative.

Timing and cost

The timing of the exchange depends entirely on how quickly a buyer for the living space is found. Government agencies provide this service free of charge. The permit is issued 2 weeks after submitting the application. The exchange decision can be obtained through:

• State Services portal;
• MFC bodies;
• in the district administration.

The cost of a realtor's work depends on the interest rate agreed upon in the agreement concluded with the agency. The more expensive the apartment was bought, the more you will have to pay for the transaction.

Read the article on how to sell your home through a real estate agency.

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

Selling a home with debts is complicated by the fact that it will not be possible to register anyone in such a home, and an exchange before the rent is paid off is also impossible.

None of the three schemes for conducting a transaction with a non-privatized property works in this case.

In order to transfer a non-privatized home into ownership, you will also need a certificate from the accounting department of the management company about the absence of debt. They don’t privatize an apartment with a debt.

Is it possible to sell a non-privatized apartment with utility debts? This is realistic in the case when the buyer is ready to pay the entire required amount. Naturally, the deposited amount must be deducted from the total cost of the home.

A buyer paying apartment debts cannot use the money paid as an advance for the purchase. At the notary, such a transfer of funds to the seller is formalized as a loan of money for a certain period.

Otherwise, it will not be possible to collect the debts from the selling party.

Difficulties and pitfalls

The sale and purchase of non-privatized housing is associated with a high risk of falling for the tricks of scammers. There are few people willing to participate in such schemes. To register a new tenant, you need to register one of your relatives.

To avoid being left without housing and money as a result of selling an apartment, such schemes should be carried out through real estate agencies. Experienced lawyers of a real estate organization will be able to check the documents of buyers and sellers.

If after reading the article you still have any questions, you can get answers to them by scheduling a consultation with the duty lawyer. To do this, just enter your data in a special window in the corner of the screen.

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How to sell a non-privatized apartment in 2023: possible options, approximate diagrams and algorithms, deadlines and documents

If the property is registered as a property, it can be sold at any time. But if the housing is not privatized, certain difficulties arise with its sale. It is possible to solve the problem, but it will not be easy.

What is the status of non-privatized housing?

209 art. The Civil Code of the Russian Federation gives the homeowner certain rights. Among them, as stated in paragraph 1 of the article, is the right to disposal. That is, the owner of the apartment can sell the property at any time.

A citizen living in a non-privatized apartment is not in fact the owner.

Law of the Russian Federation No. 1541-1, in force since July 4, 1991, in Article 2 states that individuals registered in the premises have the right only to use the premises for residence within the framework of the concluded social tenancy agreement.

The owner of the property is considered to be the municipality or the state. This means that according to the law, only an authorized agency can sell housing.

Based on the provisions of the law, the sale of a non-privatized apartment by its tenant is impossible, since he is not considered the owner.

If such a transaction is carried out, even in compliance with other rules for concluding a purchase and sale agreement, it will be declared void in accordance with Article 166 of the Civil Code of the Russian Federation.

But even if this does not happen, the buyer will still not be able to register the purchased property in the Unified State Register of Real Estate. And without this, it is impossible to become the owner of real estate, even if the money is given to the seller.

However, in fact, in some cases, selling and buying an apartment, but not privatizing housing, is allowed legally. In order not to become a violator of the law, before conducting a transaction, you should learn in advance about all the intricacies of how to sell a non-privatized apartment.

This is interesting: How to find out the cadastral value of a land plot

Methods for selling a non-privatized apartment

There are several options for selling real estate owned by the state or municipality. However, they all imply further privatization. Therefore, you should first of all make sure that the new owner will be able to carry out the procedure. According to Article 4 of Law of the Russian Federation No. 1541-1, the following types of objects cannot be privatized:

1. Apartments located in apartment buildings located in settlements with the status of military camps.
2. Dorm rooms.
3. Real estate located in buildings recognized as unsafe.
4. Premises with official status.

If the property does not fit the specified parameters, you can start looking for a buyer and begin selling the apartment using one of the available methods.

Contact a real estate agency (buffer apartment)

The method is quite complicated. It is worth resorting to it only if the seller is confident in the reliability of both the buyer himself and the company involved in real estate transactions. The procedure consists of several stages:

1. Selection of agency. The company must be reliable, since refusal to cooperate at any stage will lead to losses for the seller.
2. Looking for a buyer. Not everyone will agree to take part in such a transaction, and not only because of the status of the housing itself. Although the agency will continue to supervise the process of transferring the apartment, any interested party can apply to the court with a demand to recognize the transaction as sham. This means that the buyer can lose not only housing, but also money.
3. The real estate agency provides a privatized apartment, the cost of which is equal to the price of the property being sold. This is the “buffer”.
4. The buyer pays funds for the proposed object. And becomes its official owner.
5. The agency draws up a real estate exchange agreement. The “buffer”, which has already been registered as private property, goes to the citizen selling the home. The latter enters it into the Unified State Register of Real Estate.
6. The buyer registers in the apartment being sold with the consent of local authorities, receives the right to carry out privatization and receive ownership of the property.
7. If the seller needs money and not another apartment, the agency, by agreement, can buy the housing back and transfer to the citizen the money that the buyer transferred for the buffer.

Whether there is trust between the participants in the procedure is the main point that determines the success of such a transaction.

Agree with the new owner and register him in the apartment

You can refuse the agency's services and exchange real estate for money yourself. To do this, the seller must find a buyer who is ready not only to transfer money without actually concluding a full-fledged purchase and sale agreement, but also to engage in the future privatization process.

This is interesting: An example of an apartment purchase and sale agreement for 2023

The transfer of housing consists of the following stages:

1. The buyer transfers the agreed amount to the current tenant.
2. The seller registers the future owner of the property in the apartment. Accordingly, it is included in the social lease agreement and acquires the right to privatization.
3. The citizen who sold the housing is discharged.
4. The buyer begins privatization in accordance with the provisions of RF Law No. 1541-1.

Non-privatized apartment sold!

Video review about apartment privatization:

Required documents

To carry out a transaction by agreement with the buyer, you will need a number of papers:

1. Passport of the future owner - for registration at a new place of residence, as well as registration of a personal account.
2. If the seller is not the only person registered in the apartment, it is necessary to obtain the consent of other registered citizens.
3. Social tenancy agreement where the new tenant will be registered.
4. Passport of the seller and his family members - for registration of departure and registration at another address.

If a buffer apartment scheme is used, the following is additionally required:

1. Estimate the cost of the apartment being sold.
2. Draw up an agreement for the purchase of a buffer apartment.
3. Register the property in Rosreestr and receive an extract.
4. Draw up an exchange agreement.

For the above actions, passports of the parties are required.

Form and example of a social rental agreement

We do not recommend that you create the document yourself.
Contact a lawyer!

What problems might there be with non-privatized apartments when selling?

Is it possible to sell a non-privatized apartment, and what methods are there for this? We found out. However, when carrying out such an operation, sometimes problems arise that both the seller and the buyer need to be prepared for in advance. The difficulties of the first include:

1. Search for a buyer. The main difficulty when selling state-owned real estate. Not everyone will agree to buy a home from a person who is not actually the owner. The buyer may have to be attracted by the low cost of housing. However, in such a case, the seller may lose the opportunity to purchase a new property. Or, in the case of a buffer apartment, get housing that is worse than the previous one in a number of respects.
2. Fraud by a real estate agency. A lot depends on the real estate company. The company not only accompanies the transaction, it actually acts as one of the parties. Especially if the goal of the real estate seller is not to buy another home, but to receive money for the previous one. If the agency refuses to buy the buffer apartment, the seller will not receive the required amount.
3. Refusal of notaries to certify a receipt or preliminary agreement. Most lawyers will consider the enterprise dubious and will not take risks.
4. Recognition of the transaction as imaginary and initiation of a criminal case under the article “Fraud.” If there are other citizens who are not interested in the sale of the apartment by the tenant, they may well go to court. During the proceedings, the deal, at a minimum, can simply be annulled. But its participants may additionally be accused of fraudulent activities. And for this, there is a severe criminal penalty, enshrined in paragraph 2 of Article 159 of the Criminal Code of the Russian Federation.

This is interesting: Package of documents for selling an apartment

Video review of the sale of a non-privatized apartment:

Important! The buyer risks no less. If it turns out that it is impossible to privatize an apartment, or a citizen has previously used the right to a free procedure, he may remain a simple tenant. In this case, it will not be possible to return the money paid to the seller, since all obligations on his part will be fulfilled.

Privatized apartment: features of sale and purchase – ZhSS Magazine

In Russia, you can live for free in a state or municipal apartment under a social tenancy agreement. Such apartments cannot be sold or bequeathed. But they can be privatized, taken into ownership and then disposed of as you wish.

Privatization is the free transfer of municipal and state apartments to the people who live in them. After privatization, the tenant becomes the full owner of the apartment and can dispose of it as he wants: sell, rent, mortgage, donate, remodel, or inherit.

Shared ownership. If several residents participate in privatization, the apartment becomes shared ownership - all people registered in the apartment are given shares. This means that all owners will have equal shares, which they can dispose of as they wish. The owner can sell his share only with the permission of all other owners.

"Refuseniks". You can privatize housing only once after reaching 18 years of age. Therefore, adults can refuse privatization in favor of another person. For example, parents often refuse in favor of their children. Children cannot refuse privatization.

According to the law, a tenant who refuses privatization, but retains registration at the old address, can live in the apartment for life - he cannot be evicted.

It is impossible to sell a municipal apartment without privatization. But you can sell your home if you have already received a privatization agreement, but have not yet registered ownership. In this case, after the sale of the apartment, Rosreestr will simultaneously make a record in the Unified State Register of Real Estate about the previous owner and the transfer of ownership to the new one.

How to sell a privatized apartment?

The general algorithm is the same as when selling any apartment: find a buyer, prepare documents, draw up an agreement, make a deal, receive money. But there are nuances, let's figure it out.

Prepare documents about owners and tenants. It is important for the buyer that the apartment does not have legal encumbrances - that is, any reasons why he could lose the rights to the purchased housing: the apartment is not under arrest or mortgage, there are no registered people in it who cannot be discharged.

To prove to the buyer the legal purity of the apartment, prepare extracts from the Unified State Register and the house register: they will show the buyer who the owner is and how many people are registered in the apartment.

If the seller is the sole owner. No hassle selling: easy to sell, safe to buy.

If the apartment is in shared ownership, the owners can sell their shares either together or individually. According to the law, transactions with shared ownership must be formalized by a notary - it will not be possible to do without one.

If one of the owners decides to sell his share, by law he must first offer to buy the share to the other owners. An offer to purchase a share must be made in writing in free form - the price must not be higher than the market price. The owners will have 30 days to redeem, after which they must either redeem the share or provide a notarized waiver of the purchase.

Only if other owners refuse to buy out the share can it be sold to other people. The contract will need to stipulate and clearly indicate the share being sold.

When is it beneficial to abandon privatization? If one of the residents refuses privatization, he retains the right to lifelong registration in the apartment - the buyer will not be able to evict him. It won't be possible to hide it, and hardly anyone will want to buy an apartment with a neighbor.

It is often beneficial to refuse privatization. For example, a family of spouses and two adult children lives in an apartment. Three of them may refuse privatization in favor of their father, so that he becomes the sole owner. Then you will be able to save on notary fees, and, most importantly, retain your right to privatization in the future.

The refusal must be issued by a notary. Copies of waivers will be needed upon sale. In order to sell an apartment, the refusenik must be discharged before the transaction is concluded and registered in a new location. To confirm this, take an extract from the house register.

If among the owners there are children under 18 years of age, the consent of the state guardianship authorities must be obtained for the sale. To do this, you will have to prove that the sale does not violate the rights of the child and does not worsen his living conditions.

Sales tax. According to the law, you must pay income tax (NDFL) in the amount of 13% on the sale of an apartment. But you don’t have to pay tax if you owned the apartment longer than the minimum period - 3 years for a privatized apartment.

The period of ownership of a privatized apartment is counted from the moment it is received into ownership - its registration in the Unified State Register of Real Estate. You must calculate the tax yourself from the actual income received. You can reduce the tax amount by applying a property deduction of 1 million rubles.

If the apartment is shared ownership, the deduction applies to each contract.

How to buy a privatized apartment

The procedure is the same as when buying any other apartment: find an apartment, the seller prepares documents, checks the apartment for legal purity, draws up an agreement, transfers money, registers the apartment as your own. There are nuances here too.

Should I hire an agency when buying?

You decide. A realtor will help you buy an apartment faster and will take care of the search, checking documents and completing the transaction. You will save time, nerves and effort, but you will have to pay a commission.

If you sell on your own, you will save money, but you will take on all the risks: registered people, minor owners, encumbrances, debts, loss of advance payment. We advise you to play it safe and find a competent realtor.

Do not buy a non-privatized apartment. You cannot sell a non-privatized state or municipal apartment. Sometimes the owner is just about to privatize the apartment, but already offers to make a deposit and promises to register ownership of the property a little later. For this, he offers to give a good discount and document the deposit.

Check the “refuseniks” and settlers. Check who lived in the apartment at the time of privatization and who became the owner.

If one of the residents refuses to privatize the apartment, by law he has the right to live in it until he registers somewhere else.

By purchasing an apartment with such a tenant, you will get a neighbor who cannot be evicted even through the court (very rarely it works if you prove that he does not actually live in the apartment and does not attempt to live in it, does not pay utilities, or voluntarily moved to another housing).

In theory, the seller must indicate all residents of the apartment in the purchase and sale agreement. After all, if you don’t do this, the deal will be declared invalid - but only through the court. In practice, he may try to cheat, and then you will have to spend money on the courts.   

Therefore, be sure to check whether the “refusenik” has registered in the new place before the transaction - otherwise he will be able to challenge the sale and reserve the right to live in the apartment. Request archival (extended) extracts from the passport office, consult a lawyer or order a check of the legal cleanliness of the apartment.  

Do not buy shares cheaper than the notarial waiver. If the owner is selling a share in the apartment, make sure that he has a notarized refusal of the other owners to purchase. Without such a refusal, the deal may be challenged.

The refusal must indicate the price at which the owner offered to buy the share to other owners - it is impossible to sell below this price to a third-party buyer - otherwise the transaction can be challenged.

Children are owners. Minor children have the right to a share in the apartment. In order for the owners to sell such an apartment and the shares of their children, they must have permission from the guardianship authorities.

If children were discharged before privatization (for example, 3 months before it), these are increased risks - be sure to check where the child is currently registered and whether his rights have been violated. He can grow up, appeal his refusal in court and get the right to register in the apartment.

Remember

1. You can sell the apartment in which you live under a social tenancy agreement only after its privatization.
2. You can privatize an apartment only once in your life. To avoid losing this right, it is often more profitable to renounce it in favor of a family member.
3. To prevent the buyer from being intimidated by the status of a privatized apartment, prepare for him extracts from the Unified State Register of Real Estate and the house register.
4. If you are selling only your share of the apartment, you must first offer it to the other owners at the market price.
5. When selling shares, the transaction must be confirmed by a notary - without him it will not work.
6. If among the owners there are children under 18 years of age, the consent of the state guardianship authorities must be obtained for the sale.
7. You don’t have to pay tax on the sale of an apartment if you became the owner of the apartment more than 3 years ago.
8. You can reduce the tax amount by applying a property deduction of 1 million rubles for each share.
9. If you buy a privatized apartment, make sure that all the residents have moved out and registered elsewhere.

Is it possible to sell a non-privatized apartment in 2023 - with debts, in a communal apartment, a share, in Russia

Owners of non-privatized apartments who are planning to sell them are thinking about how legal the transaction will be.

Let's figure out whether it is possible to sell such real estate in Russia in 2023. Let's determine which schemes are most often used by sellers.

Some families have been renting housing from the state for a long period of time and have no intention of privatizing it.

But then there is a risk that difficulties will arise when selling such real estate. After all, the privatization procedure cannot be quick, and the disposal of housing that is the property of the state is not permissible.

What you need to know

For a long time, the state allowed its citizens to privatize the premises in which they live. This means that it will not be superfluous to understand what privatization means and when it is simply necessary.

Definitions

The concept of privatization was discussed back in the 80s, when there was an economic crisis in the country.

Privatization is a type of transaction in which the state transfers ownership of apartments or other real estate to citizens of the Russian Federation free of charge.

The transaction is carried out on the primary market in relation to the state and municipal housing stock. The procedure is voluntary and is available to a citizen once in his entire life.

What does this status give?

If housing is privatized, it is easier to conclude a purchase and sale agreement. But is housing really necessary to privatize? Let's figure out what the advantages and disadvantages of this status are.

The advantages are:

Residential owner	Those who privatize it receive protection from fraudulent activities. Since the housing becomes the property of the tenant, it is practically impossible to evict him, unless there are huge debts on utility bills
The law provides for the possibility of obtaining a new apartment	With an area of ​​at least 19 m2 per person, but provided that the previous housing was privatized
The owner has the right to sign in and sign out anyone he wants.	The owner of a non-privatized premises does not have such a right, who has the right to accommodate only 1 person
The owner of a privatized apartment can	Sell, exchange, draw up a gift agreement and carry out other transactions with the premises at your own discretion
A person has the right to carry out major repairs	And redevelopment of the apartment

But there are also disadvantages:

The owner cannot count on help	When carrying out repairs and relocation from government agencies
All responsibility for non-privatized housing falls on the state	Because the tenant is only the tenant. This means that in case of floods or fires, the costs must be reimbursed by the government agency
Residents cannot receive subsidies	For a communal apartment
The premises can be inherited	Only to persons registered in it
If a citizen wants to privatize the premises, he will face such a problem	He will have to pay a single mandatory tax

What else is worth knowing about privatization? When privatizing an apartment, you will incur certain costs for the procedure. But they are not as great as the cost of the home being purchased.

Once residential real estate becomes the property of the resident, it cannot be exchanged for non-privatized housing. After all, then we will be talking about two different types of real estate.

Citizens have the right to refuse privatization and transfer the property back to the state fund. But this process is also quite complicated.

More problems await the tenant in matters of privatization and in other cases. Municipal housing cannot be purchased into ownership.

This means that after the possibility of free privatization ends, it will no longer be possible to change the status of the residential premises.

Then the only option would be to buy real estate or receive it as an inheritance or gift. It is beneficial to have a non-privatized apartment:

1. A lonely elderly person who has no heir.
2. If the apartment is located in a prestigious area and a large tax is expected to be paid.

Normative base

Any transaction related to privatized premises is regulated by the Civil Code. If non-privatized real estate is being exchanged, then it is worth relying on the provisions of the Housing Code.

Emerging nuances

Is the sale of a non-privatized apartment allowed? Is it possible to sell a non-privatized apartment in Moscow or another region of the Russian Federation?

It is impossible to carry out a direct sale, because a person cannot sell something that does not belong to him by right of ownership. But there are several ways.

Let us describe the basic schemes that are used by residents of non-privatized apartments when selling them.

The premises will remain non-privatized, but the buyer’s residence in it will be completely legal. But you must have the consent of all registered persons to such a transaction.

If the person being registered is an outsider, then you must have permission to carry out the procedure from the owner of the property. Refusal is possible if there are doubts regarding the transparency of actions.

They will also refuse if, after registering a new citizen, there will be an area per person that is less than the standards established by the state. This type of transaction is carried out in the presence of trust.

After all, there is a risk that the seller, after receiving payment, will not want to check out of the premises. It is advisable to register the transfer of funds at a notary office.

The second way is to first privatize and then sell the object. In this case, you need to prepare:

The documentation package is provided to the Housing Policy Department. An application for privatization of real estate is drawn up.

Then the registration procedure is carried out, duties and other fees are paid. After receiving the owner's rights, you can sell the apartment.

Answering the question whether it is possible to sell a newly privatized apartment, we can say with confidence that this method will be faster (relatively), easier, and most importantly – legal.

Privatization together with the buyer

Another option is privatization with a buyer. To obtain ownership of real estate after the free privatization period expires, you will have to pay a considerable amount, which is determined taking into account the cadastral value.

It is allowed to sell such an apartment to buyers if they are interested in this residential space and are ready to make a deposit for the privatization procedure.

It happens that the owner of social housing under a rental agreement does not have the funds to leave such a deposit.

In this case, the transaction will be completely legal. The first thing to do is to make sure that the premises can be privatized.

If the housing is not located in one of the military camps or houses of a special department, then privatization is possible.

Documents to be presented to the district administration employee:

• document on family composition and registration;
• document on housing quota;
• “Housing” check, if available;
• certificates confirming rights to benefits;
• identification card of each registered resident;
• birth certificate of each child who has not reached the age of majority.

When the privatization procedure is completed, you can proceed to the next steps - selling the property to the buyer who has paid the deposit.

Making an exchange

A non-privatized apartment can be exchanged. In this case, the rights of the parties who became parties to the transaction will be changed. But the status of the property will remain the same as before the exchange.

That is, the form of ownership will not change. The state-owned facility will remain non-privatized.

If we are talking about the owner of a private apartment, then he will act as a tenant of a municipal property, and the previous tenants will receive the status of apartment owners.

This form of veiled sale involves a turnover that real estate agencies also use when making such a transaction.

Video: section of municipal housing

An experienced broker always has inexpensive properties in his database, usually located outside the city or on its outskirts. And the buyer gets the opportunity to purchase such real estate from an agent.

Often he doesn’t even see the room itself. Ownership rights are simply issued to it. Then the private premises are exchanged for public housing.

• The seller receives money for the housing and sells the negotiable premises back to the brokers.
• The law prohibits such transactions with an exchange fund, since one party risks becoming in need of new housing or improved living conditions.
• Disadvantages of sharing:

Residential properties that are used as a clipboard	Often located far outside the city. Sometimes they even exist only on documents. It turns out that a person exchanges his municipal housing for a bad or non-existent property
When making a transaction, the citizen must be given money in cash.	But if scammers act, then there is a risk that the money will not be received and the housing will be lost. It will be difficult to prove your case in court due to the presence of a large number of fictitious documentation
To make such an exchange	You need to find a good real estate company that has offers for you, which will also be difficult
It is worth reading the legislation carefully	After all, there are many nuances of such an exchange, and at the slightest deviation the transaction will be considered illegal

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

If the housing is not privatized, then it does not matter whether the tenant has a debt for the apartment or not. In any case, you won’t be able to sell it unless you use the methods described above.

But what can you do if you have debts? To complete the transaction, the debt must be repaid.

There is such an option - find a buyer who will agree to make funds (deposit) to pay off the debt for housing and communal services or registration of privatization. This is the most difficult thing.

To interest the buyer, you will have to reduce the cost of the property, and it is better to draw up a loan agreement at a notary’s office.

If part of the property (utility)

Do not forget that when selling a share of a privatized premises, you should notify the other residents of your intentions. After all, they have the right of first refusal.

The remaining owners have a month to respond. How to sell a share of an apartment that is not privatized? A room in a communal apartment in such a situation can only be sold through exchange.

It is necessary to have the consent of both landlords (representatives of the local administration that manage municipal property) to carry out such a procedure. Otherwise, the deal will be impossible at all.

Selling will be easy if each document is prepared with special care. It is important to take into account all the nuances of the transaction prescribed by law so that you are not considered a violator of the law.

The best option is to entrust the process to a lawyer who knows all the features and can conduct a transparent transaction, after which the authorized bodies will not start asking questions.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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