Exchange of non-privatized dwellings, dwellings

Sometimes real estate is not owned but is used for living.Under the conditions of social employment.

It's not easy to exchange it as a property, so what if there's a need to do it?not privatized?

What benefits can be derived from the exchange of municipal housing, and what challenges await?

What are the odds?

Can the unprivatized apartment be changed?Got it..

Under the law, there is no prohibition on the exchange of State accommodation for other accommodation.

However, it is worth considering all possible options separately.

Can you exchange an unprivatized apartment?to privatized♪ It is not possible to exchange a municipal dwelling for privatized ♪ ♪ The law clearly establishes the rule that such an action is possible with respect to apartments ♪the same form of ownership.

Even if that had happened,The law does not allowImplementation of such a scenario.

Read about the rules for the exchange of privatized apartments in our article.

The exchange of a municipal apartment for a municipal one, can you exchange an unprivatized apartment for an unprivatized one?Do it in the same living space..

This is sometimes necessary in order to change their living conditions when there is no other choice; however, the exchange of unprivatized dwellings for unprivatized dwellings requires not only an alternative but also an alternative.Written approval of all family members.

The same confirmation from the employer is strictly required.

Can you change a municipal apartment?without the consent of the residents♪ According to article 72 of the Russian Housing Code, the following must be approved for an easy exchange for a selected dwelling:

  • The employer;
  • The members of the employer ' s family living in this room.

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

Paragraph 3 of this article establishes:The possibility of recourse to the courtsIf there is no consensus between the employer and the residents, it also indicates the court ' s right to impose the desired procedure.

Article 72 of the Russian Code of Housing: The right to exchange accommodations provided under social employment contracts

  1. The employer of a dwelling under a social employment contract, with the consent of the employer in writing and the members of his/her family living with him/her, including the temporarily absent members of his/her family, has the right to exchange the accommodation he/she owns for the accommodation provided under the social employment contract to another employer.
  2. The members of the employer ' s family, living together with the employer, have the right to require the employer to exchange the accommodation they occupy under a social contract for accommodation provided under social employment contracts to other employers and located in different homes or apartments.
  3. If an exchange agreement is not reached between the employer of the dwelling under a social employment contract and his/her family members living with him/her, any one of them shall be entitled to request the compulsory exchange of the occupied dwelling by a court of law, taking into account the relevant arguments and legitimate interests of the persons living in the exchanged dwelling.
  4. The exchange of accommodations provided under social employment contracts, in which minors, persons with disabilities or limited legal capacity who are members of the families of the employers of the accommodation, are permitted with the prior consent of the guardianship and guardianship authorities; the guardianship and guardianship authorities shall refuse to give such consent if the exchange of the accommodation provided under the social employment contracts violates the rights or legitimate interests of the said persons; decisions of the guardianship and guardianship authorities to consent to the exchange of accommodation or to refuse to give such consent shall be in writing and shall be granted to the applicants within fourteen working days of the date of their application; and the granting to the applicants of the decisions of the guardianship and guardianship authorities to consent to the exchange of accommodation or to refuse to give such consent may be effected through a multifunctional centre.
  5. The exchange of housing units provided under social employment contracts may take place between citizens living in residential premises located in one or different localities in the territory of the Russian Federation, and the exchange of accommodation units shall be carried out without limitation of the number of participants, in accordance with the requirements of article 70, paragraph 1, of this Code.

Other options to exchange a municipal apartment for an apartment. There is another option to do this.Privatization of the apartmentIf a municipal dwelling is privatized, it is possible to carry out the mana entirely freely without the request of someone else ' s approval.

Legislative regulations

Article 72 of the Russian Federation ' s article 72 defines the possibility and rules for the exchange of municipal housing.

It'sThe main lawapplicable in this case.

The Civil Code of the Russian Federation is also relevant to the regulation of this issue, which provides for the possibility of a change in privatized real property only to the same extent.

Who has the right?

To raise the matter and to deal with the procedure itselfis entitled to an employerAs he is responsible for both housing and other aspects related to housing, such as the conclusion of agreements, advocacy in different situations, etc.

If the transaction is made, the employer may prepare for it through a proxy representative.

The reasons for such a decision may vary, since, under article 72 of the Russian Housing Code, the accommodation resulting from the exchange may be located in another settlement or even in a region within the Russian Federation, such a method may help to bring about a change of place of residence.

Where to look for options?

How to change an unprivatized apartment: where to look for options for exchange? Most often, the search for options falls on the shoulders of the interested person.

It may itself seek suitable objects, however,It's very hard to find.There are many proposals on the websites for a man to own apartments, and municipal real estate is rarely found.

  • There are some cities in the administration.Costed option selection serviceThe exchange of social housing.
  • The administration should be contacted and it should be clarified whether there was such a service in the locality in question.
  • If there is, it can greatly facilitate the task and speed up the process, and if not, it will have to rely on self-reliance, sarafan radio, or the help of mediators.
  • You can learn about the possibility of exchanging a private room in a communal apartment from our article.

Guidance for the process

How do you change your apartment?Make it quick and easy.So, the step-by-step instruction looks like this:

  1. Find the right option in all possible ways.
  2. Arrange with the employer of the housing found.
  3. Request permission from the employer and wait for permission from the other party.
  4. The consent of the guardianship and guardianship authorities, if there is a minor among those prescribed;
  5. Agree with family members, get their support, and wait for the same second-party consensus.
  6. Collect the required package of documents on each side.
  7. To enter into a contract such as an agreement between the men of privatized housing.
  8. Sign this document to each participant.
  9. Send each copy to its employer for negotiation and signature.
  10. In fact, if confirmation is received, carry out the action.

To enter into a social employment agreement with each party with a new employer.It's obvious thatThe scheme is rather complex, long-term.by the time of passage and requiring the collection of many papers.

Furthermore, it is important to bear in mind that housing should not worsen the housing situation in comparison with the past.

Moreover, in such a special case, it is difficult to change a dwelling to a similar one, so almost always.You have to sacrifice something.both sides or either side.

None of the trading employers have the right to charge an extra fee for the less profitable option.He or she is not entitled to receive personal benefits from such property., since real estate is actually owned by the municipality.

Change of the municipal apartment: Where to begin?

Where to start, where to turn?

Start with finding a suitable object, and once it's found, you can start.To obtain multiple permits.

Situations of refusal of a party to the proceedings may arise, so there is a possibility that a trial may arise on this ground, which will further complicate the proceedings.

In addition to the persons and bodies mentioned, who must consent to the transaction, there is no need to go anywhere.simple writingwith an assurance from the employer.

In order to obtain it, it is necessary to contact the administrative authority of the municipality in which the property is exchanged.

Submission of documents

What documents are needed to form a contract and obtain numerous confirmations,documents required:

  • A declaration signed by the employer, all members of his family, living together with him;
  • Social employment contract and copy;
  • A certificate of non-payment of housing and services;
  • A statement of all the statements;
  • The consent of the guardianship and guardianship authorities in writing if there is a minor among the registered family members;
  • The applicant ' s passport;
  • You'll have to agree to the contract after you've got it.

The employer does not issue separate papers for his or her consent, he or she must sign the declaration and then the contract.

The package should be collected on the other side.as the transaction affects her to the same extent as the claimant and his family.

Where to file the documents? The agreement can be drawn up on its own or with the assistance of a lawyer.

It requires a simple written form, so it is not necessary to go to the notary, but it is necessary to submit all the papers before signing them to the employer ' s office, i.e. the municipality.

It is difficult to specify the exact time frame for processing from beginning to end, as everything depends on the availability of judicial proceedings and the speed at which the various persons and bodies are authorized.

Definitely,The trial will last for a few months., since only a suitable dwelling can be found for a long time.

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All exchange processes take placefree of chargeThe formation of a contract by the parties may be self-sufficient and the receipt of all approvals does not require material costs.

Additional costs may arise in connection with the involvement of a lawyer in the proceedings or recourse to a court where it is necessary to do so.payment of State dutyI'm here for hearing a lawsuit.

In addition, if a suitable real estate is sought with the help of the administration department, it will have to be paid for.

Cases of refusal

Refusal may be grantedin several cases:

  • There is no consent to the transaction, although the problem is resolved in court in the event of an improper refusal to give approval;
  • A large difference in facilities, which threatens a significant deterioration in housing conditions or the unsuitability of one of the premises for living, is an emergency;
  • A violation of a minor ' s right if the guardianship and guardianship authorities consider that such a factor exists;
  • (b) Remittances for privatized housing;
  • The termination of a social employment contract with one of the parties for legal reasons in court or the existence of such a case in the proceedings.

Features and nuances

This process has some nuances when it takes place.Not according to standard scenarioConsider some examples.

How to change a municipal apartment if one is against it? In this case, the law may require the forced exchange of a non-privatized apartment for an apartment.

This right is enshrined in article 72 of the Code of Criminal Procedure as an opportunity to pursue one ' s case in court.

The court decides what decision to make.on the basis of the explanations given by the persons in disputeIn fact, there is no clear, clear mechanism for the court to decide on such matters; the court is governed by the laws, customs of business and common sense.

The difficulty may arise in the process of obtaining each consent; however, it is even more difficult ifSomeone in the family is missing.(under medical care, in the army, in prison, on mission, etc.)

The requirements of the law are such that regardless of the person ' s presence in the place of residence, approval must be obtained.

So,Municipal housing can be exchangedHowever, there will be a long way to go in the formalization process.

  • Starting with the search for an acceptable and appropriate alternative facility to be exchanged, it is up to some persons to seek approval of the transaction.
  • However, as a result, it is possible to obtain better housing not only by its own characteristics but also by location.

Is it possible to exchange an unprivatized apartment for a privatized house or a house?

For 20 years now, housing has been privatized in the Russian Federation, free of charge, but a large number of people still live under a social employment contract in municipal apartments.

Such accommodation costs them a little less than those who have their own housing, but they do not have the right to dispose of such real estate.

For example, if a person who lives in a non-privatized apartment wants to change his or her place of residence, he or she will not be able to sell his or her apartment, only the exchange will be the only way out.

A lot of people wonder if it's possible to exchange an unprivatized apartment for a house or other real estate? There's a clear answer, yes.

Can you exchange an unprivatized apartment for a privatized one?

Under the current law of the Russian Federation, only the full owner of the dwelling can dispose of the dwelling, and the sale of municipal housing is not permitted, but a written authorization from the employer, as well as family members living in the dwelling together with the employer, is required.

How to exchange a non-privatized dwelling correctly can be found by reading the Russian Housing Code (arts. 72-75). This document prohibits moving to another apartment in such cases:

  • If the right to use the dwelling is challenged by the employer in court;
  • If the tenant has received a claim for modification or termination of the social employment contract;
  • A dwelling is deemed to be emergency or unfit to live there;
  • The house is designed for demolition or will be converted for other purposes;
  • The house is subject to major renovation during which the renovation of the premises will take place;
  • A communal apartment may be found in an exchange and a person with a serious chronic disease may be infected by other residents of the commune (the Russian Government ' s decision No. 378 provides a list of diagnoses).

It is also worth noting that a big problem for municipal housing owners may be a contract that clearly indicates that a dwelling cannot be exchanged, in which case the process becomes much more complex, the only way to re-establish a social employment contract.

Many wonder whether it is possible to exchange an unprivatized dwelling if the apartments are located in different localities. If the exchange has been approved by the employer, the exchange is allowed.

As you have noted, there are many obstacles to the exchange of non-privatized housing, but if all these cases do not concern your apartment, you can safely apply for an exchange permit from the municipal authorities where the social employment contract was concluded and then look for the necessary accommodation.

Finding a suitable option

Those who have already been looking for an alternative may note that this is a rather difficult matter. A very good way out of this situation will be to find relatives or acquaintances who also have unprivatized housing, and they agree to change, but these people are not easy to find, and often have to make a lot of efforts to find the right option for an exchange.

This option is most acceptable, documents are much less problematic, and relatives are more likely to change accommodations than other people.

Ways of looking for an apartment

If you're looking for a place to live on your own, you're gonna have to do a lot of work: get your friends' options, put ads in the papers, search the Internet, and in any case, you're gonna have to figure out which one's the best.

Authorization and collection of documents

The exchange of non-privatized housing is not recorded in Rosreestre; exchange operations are registered in institutions; for example, in Moscow, this is done in the city rental centre.

The owners of the two accommodation units shall carry:

  • It's gonna have to be written by all the people who live in these apartments.
  • The right contracts, which indicate that a person formally rents housing from the State.
  • Home book.
  • Passports of citizens of the Russian Federation: If minors who do not yet have a passport reside in an apartment, they must obtain a birth certificate.
  • Consent to exchange: This document should be drawn up by those who have a social employment contract; a notary ' s assurance that a person is willing to make an exchange is required.

Reference from the guardianship authorities

In addition, if minors, persons with limited legal capacity or disability are registered in an apartment to be exchanged, the consent of the guardianship authorities must be given in writing; it should be noted that it is difficult to obtain a document concerning a minor child.

Moreover, a child must be discharged from his or her current apartment, and the procedure can only be performed if he or she is immediately prescribed in another dwelling.

Otherwise, the child will not be discharged and it will simply not be possible to obtain a certificate from the guardianship authorities.

If one of the tenants is against the exchange, it's up to the court to decide.

A special housing commission set up in the municipality considers an exchange application and takes a decision; a negative decision may be challenged in court.

Exchange

Early employment agreements are terminated by an exchange agreement and new social contracts for new housing are signed immediately; these procedures must be carried out by the employer within 10 days of the submission of all the documents.

Home-to-house exchange

It is worth noting that the principle of the exchange of a non-privatized dwelling for a home is exactly the same as the exchange of an apartment for an apartment; however, it is necessary for the tenant to obtain permission to carry out the procedure and to collect the same documents; it is necessary to take into account the fact that if the house is smaller than the current one, the exchange will not be possible.

Relative exchange of unprivatized apartments for privatized and vice versa

The exchange of a non-privatized dwelling for a dwelling owned by the Russian Federation is not expressly stipulated in Russian law; this is usually a lengthy process.

The exchange of a privatized dwelling for a non-privatized dwelling takes place as follows: an adult family member is removed from registration in a privatized dwelling and is registered in a non-privatized dwelling (the size of the dwelling must be allowed); then the principal tenant is replaced, this can be done through a gift contract.

Conclusion

So it was explained whether it was possible to sell or exchange an unprivatized apartment, and in short, the exchange is possible, and it is often used by people who live in an apartment under a social contract, but the sale of such a dwelling is absolutely prohibited.

Exchange of a non-privatized dwelling

Is it possible to exchange an unprivatized apartment? This is a question often faced by citizens who live on public or municipal premises under a social employment agreement.

Citizens who use real estate that is not their property are somewhat restricted in the right to dispose of property. Can uninvited apartments be exchanged? Are these types of transactions subject to restrictions?

Conditions for the exchange of unprivatized apartments

The exchange of unprivatized housing is the only legitimate way to change conditions without major investment; other modes of exclusion are possible only after privatization.

In the search for a suitable option, such requirements must be met:

  • The exchange may take place between real estate, which is located in different cities but within the Russian Federation;
  • You can only exchange for an apartment, which is also granted on social employment terms;
  • It should be taken into account that the area per family member should be at least 12.5 metres.
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How do you exchange an unprivatized apartment for an equal?

If a suitable exchange option has emerged, a number of actions need to be taken, which include obtaining the necessary authorization to carry out the transaction, as well as harmonizing the procedure with the relatives.

To respect the legitimacy of the exchange process, the following steps need to be taken:

  1. A permit must be obtained not only from persons currently living in an apartment but also from those who are temporarily absent, because of their recruitment to the army, but also from relatives who are not registered in the premises or from entities who are not members of the family.
  2. The agreement with the family members is confirmed by the notary; the same must be done by the other party to the transaction; the refusal to exchange one of the relatives may be grounds for recourse to the courts.
  3. It may be difficult if one of the minors living in an uninvolved apartment is a minor; all transactions in this situation must be agreed with the guardianship or guardianship authorities; they answer within two weeks of the receipt of the application; otherwise, there is a risk that the transaction will be declared illegal.
  4. The owner of the dwelling with whom the social employment contract has been drawn up shall apply for the exchange of the dwelling; each party shall be obliged to contact its employer; the application shall be accompanied by a copy of the passport, the technical documents for the real estate, the social employment agreement, the cadastral certificates, the sanitary certificate of the dwelling, the data from the home books, the notarized approval of the family members ' transactions.
  5. If the outcome is positive and the employer ' s permission is obtained, a package of documents for the conclusion of the contract by the man should be collected.
  6. An agreement is being drawn up which is signed by the parties and submitted to the authority for approval; he puts his visas on it, and then you can start an actual real estate exchange.
  7. A new social employment contract for each of the parties is concluded with the new employer; for this purpose, the authorities are obliged to terminate the old contract on time and, in the ten-day term from the time the application is made, to formalize the employment relationship with the new tenant.

The exchange of non-privatized real estate is a complex process that requires additional permits and agreement between the parties. If an apartment cannot be privatized, it is almost the only viable option to improve its living conditions.

The authority does not always authorize this type of transaction, which may be refused in the following cases:

  • If a claim for termination or modification of a social employment agreement is brought against a party to the proposed transaction;
  • There is no agreement on the forthcoming exchange of at least one family member;
  • There is a minor living in the apartment and no authorization for the transaction was granted by the Board of Trustees;
  • Unequal exchange, in which the rights of one of the parties are significantly affected;
  • An exchangeable dwelling is deemed to be unfit for life;
  • The right to use the dwelling is subject to judicial challenge;
  • There is a decision by the administrative authorities on the forthcoming major renovation of the building with an exchangeable dwelling or on the remodelling of the premises;
  • There is a municipal decision to demolish the house;
  • As a result of the exchange, a citizen who is unable to live with him or her due to his or her chronic illness is placed in a communal dwelling.

If you refuse to approve a transaction, there are two ways, one of which is to challenge the employer's decision, the other is to find another unprivatized apartment.

Family exchange

A related exchange of real estate is a concept that existed in Soviet times, but in fact it remains to this day, but there are no procedural or documentary differences between relatives and strangers.

How can a related exchange of privatized apartments take place?

If the dwelling is legally privatized, there is no need for additional permits, nor is there a need for notarization of the contract; once the agreement has been concluded, the parties apply to the State Registrar to re-register the apartments and change the cadastral records.

The exchange of privatized apartments between outsiders is essentially a double sales contract, taking into account the difference in the value of real estate and the need to pay the tax.

If the parties to the exchange are relatives, it is better to make a deal by entering into a gift contract because it is tax-free.

A related transaction involves the exchange of a non-privatized dwelling for a privatized one. The law prohibits the exchange of real property directly owned by the State for housing, which is privately owned, but there are ways to make a successful transaction according to the law and to achieve the desired results.

  • How can a related exchange of a privatized dwelling be made for an unprivatized one?
  • The first option is to privatize the apartment and then make any kind of deal with it.
  • The second option would be for those who, for whatever reason, could not privatize housing.

It shall be implemented according to the following pattern:

  • The person with whom the exchange is expected to take place is discharged from his or her apartment and registered in a non-privatized place (of course, provided that the dwelling allows this);
  • A social employment contract is being re-established for that person;
  • The rest of the tenants are discharged;
  • The transfer of ownership rights is effected on the basis of a gift or sale contract.

A related exchange involves the conclusion of an agreement in the normal way. Alternatively, you can change an unprivatized apartment to a privatized one. This transaction is somewhat labour-intensive, but quite legal.

Documents required to carry out the transaction

The main difference between the exchange of apartments used by tenants under the social employment agreement and privatized real estate is the registration of property rights in Rosreestre.

In addition, the consent of family members and the permission of the owner are, as already stated, mandatory for the transaction in respect of non-privatized housing.

Pretty much all the other documents match.

In order for the exchange to be in conformity with the law, the conclusion of a contract requires:

  • The parties ' passports;
  • Legal documentation (employment contracts, gifts, etc.);
  • Birth certificates for children and authorization of the Board of Trustees for the transaction;
  • Technical documentation with space plan;
  • An extract from the inventory of no encumbrances;
  • The certificate of relatives and the written consent of the spouse;
  • Data on non-debt;
  • Exits from the home.

On the basis of the documentation provided, the contract is drawn up and the written form of the contract is provided for in the law. In order for the agreement to be drafted correctly and not to be challenged in the future, the following particulars must be indicated:

  • The full data of the parties to the transaction;
  • The subject matter of the contract and its characteristics (area, number of rooms, floor) are indicated in relation to both rooms;
  • The rights and obligations of the exchangers;
  • Date of conclusion of contract;
  • Procedures for dealing with possible problems and force majeure;
  • Conditions of payment (if any);
  • signatures.

The correct transaction will not raise additional questions with the owners of the dwelling (in the exchange of unprivatized apartments) and the judiciary in the event of disputes; therefore, it is necessary to ensure that all permits and other documents are obtained in a timely manner; this will be safe from negative consequences in the future.

Can you change an unprivatized apartment in 2023?

Many citizens are concerned about the legal issue of changing public or municipal housing, since there are also apartments occupied under a social employment contract.

Whether it is possible to change an unprivatized apartment today is an urgent question for many Russians, and there is a possibility in Russian law enforcement practice.

Let us learn more about how to change the unprivatized apartment in 2023, what steps are needed to carry out the exchange, and what this procedure can take.

Whether change is permitted in principle

The possibility of exchanging a non-privatized dwelling with a similar one exists.

  • Unprivatized housing needs a larger or smaller size;
  • It is necessary to find housing that is completely identical to the one available, as the number of municipal apartments is decreasing each year.

Time may be prolonged for unprivatized square metres to change; however, the law does not prohibit the exchange of such apartments, given a number of circumstances, below.

In which situations it won't be possible to change.

There is no exchange of an unprivatized dwelling, which is a manoeuvring fund, specialized, service-based – in this case there is only one option – first to privatize the dwelling according to all the rules and then to exchange it.

There are other barriers to change:

  • The existence of a public service debt (the amount should be impressive, as it is not possible to repay a small amount as soon as possible);
  • A decision made by an authorized public authority prohibiting the dissolution of property in connection with demolitions (disposal of the house);
  • The existence of a document indicating that unprivatized housing is in an emergency;
  • A document indicating that a major renovation of the building is under way.

Step instruction

First of all, attention must be paid to the correct course of action in order to change housing:

  1. Get the consent of the residents.
  2. Find the right option for cheating.
  3. Gather a package of documents.
  4. To obtain the owner ' s permission to change unprivatized dwellings.
  5. Make a change of contract and move to a new home.
  6. To enter into a new social employment contract.

Consent of all residents

All legally registered citizens over 14 years of age will be required to agree in writing in order to change the non-privatized dwelling.

  • Signed a separate document which will certify the administration at the time of receipt of the documents;
  • By certifying the consent of the notary.

If there's a minor among the residents, you're gonna have to get the consent for a change of custody.

Search for options for change

In order to change an unprivatized dwelling, it is necessary to find suitable alternative housing.

  • Have non-privatized status;
  • The conditions shall not deteriorate;
  • The standard of accommodation is to comply with local laws (usually at least 12 metres per person).

The employer of another non-privatized apartment must also have all the necessary consent and permission to change.

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What other documents will be needed?

In the exchange of a non-privatized dwelling, the complete list of documents will look like this:

  • The application for the exchange (the bill is prepared by the local administration and is filled in during the receipt of the documents);
  • All residents ' consent + custody permit;
  • Family composition certificate;
  • Social employment contract or warrant;
  • Non-debt certificate.

The application and documents shall be submitted to the local administration, which shall issue authorization for unprivatized exchange in writing within 30 days.

The employer ' s authorization for unprivatized change

In the exchange of a non-privatized dwelling, the consent of the owner of the premises is required, and the procedure for obtaining it depends entirely on the administrative regulations of the municipality concerned; upon the employer ' s application, a separate written consent to the unprivatized exchange, certified by the signature of the head of the municipality, may be obtained by way of a contract between the men.

Procedure for the conclusion of a contract

The procedure does not require registration in Rosreestre, since the unprivatized premises are not transferred to the property, nor is a notary ' s certificate required.

The mandatory paragraphs are:

  • Date and place of the document;
  • title of the document;
  • The party ' s passport, place of actual residence and registration address, contact details;
  • Name and details of the housing area (cadastral number and value, size, number of rooms, etc.);
  • The name of the authorized authority on the disposition of such property;
  • Technical information (from BTI);
  • Recording that there are no precluding grounds for the transaction;
  • Recording of acceptance of the room in a certain condition, as well as the keys thereto;
  • Additional points agreed by the parties (not contrary to the law in force);
  • Information on the number of copies;
  • Information on the parties ' awareness of the meaning and implications of signing the instrument;
  • The parties ' details;
  • The signatures of the parties.

Completion of procedure

Once the contract has been concluded, men need to re-establish social employment contracts with the local administration and register in unprivatized housing, and the service is provided free of charge.

Difficulties

It may be difficult to exchange an apartment for a non-privatized one; it is not possible to exchange an apartment for a privatized one at all.

Without the consent of the prescribed

Unprivatized apartments can be exchanged only with the permission of all citizens registered in them; in all other situations, a non-consensual citizen can be evicted by a court.

If one is against

There are cases where one of the tenants is opposed to changing the unprivatized square meters (except for minors), and even if one citizen has the opposite view of changing the dwelling, the only solution here is the judicial defence, which will have to evict the dissenting from the apartment.

Changed apartment with debts

It is not possible to change the unprivatized living space if there is a debt to pay for public utilities; even if a popular method is to withdraw from registration and register at a new address in the same city or elsewhere, the debts will not allow a citizen and members of his family to leave social housing.

Divorce

The exchange of an unprivatized apartment for former spouses becomes a major problem: it is not possible to change housing after divorce, nor can it be changed through the courts; the whole area remains in the property of the municipality, the State, since the apartment was given to a certain person, the former spouse loses the right to stay in it.

Coercive fraud through court

Whether it is possible to change an unprivatized apartment through a court of law is the most common issue among citizens. It is possible, through a court of law, not only to change a non-privatized apartment, but to carry out compulsory privatization. There may be several grounds for bringing such an action before a court: the tenants' opposition to the transaction, the trustee's council, the municipality.

In the statement of claim, it is necessary to state:

  • Name of judicial authority;
  • The correct title (accuracy declaration for forced change of unprivatized dwelling);
  • The applicant ' s passport, address and initials;
  • A brief and precise statement of all the requirements with references to the existing rules of Russian law;
  • The details of the other parties;
  • The names of the annexes (confirming documents);
  • Date and signature.

The annexes may include the following documents:

  • Technical passport of the premises, contract;
  • Any correspondence relevant to the case;
  • Family composition certificate;
  • Other statements and background notes.

The government is responsible for eviction claims - 300 rubles.

Procedure for a citizen applying to a court:

  1. Prepare a suit along the lines of (collection of documents, necessary legal instruments, formulation of legal facts and requirements).
  2. Print the application, sign and attach copies and original documents.
  3. Take the claim to court for registration, or send a registered letter with notice and an inventory.
  4. Visit all meetings in person or through a representative and obtain a decision.

The decision will enter into force after 30 days.

Arrangements for the exchange of a non-privatized dwelling

The norms of the Russian Housing Code allow for the exchange of a non-privatized dwelling, but no change in the form of property is allowed in the conclusion of the exchange contract, in which case citizens will not be able to acquire their own property because the existing right to use on social grounds will arise in respect of another property.

The material provided provides information on the legal status of non-privatized apartments and the conditions for their exchange between citizens.

Legal status of unprivatized apartments

Until employers voluntarily decide to participate in a privatization transaction, the dwelling will remain in a municipal or public fund, in which case the tenants do not have the right to dispose of the dwelling, except for the exchange of dwellings with similar legal status.

The procedure for the exchange of non-privatized apartments is characterized by the following features:

  • There is no change of ownership in the conclusion of the contract, which eliminates the need to contact the Rostreestra authorities for the registration procedure;
  • Exchange is possible only with the consent of all adult citizens living in both properties;
  • The conclusion of a contract requires the written approval of both employers, but their refusal is possible only on the basis of the grounds laid down in the Criminal Code of the Russian Federation;
  • A contract for the exchange of non-privatized apartments cannot be of a recompensable nature, as employers are not entitled to dispose of property and receive money for it.

Thus, citizens have the right to choose their own options for changing living conditions, to draw up a mutual agreement and to contact the employers ' representatives to document the exchange.

In practice, citizens often enter into informal agreements to supplement the exchange of unequal property, but the transfer of money does not produce legal effects in this case, since an exchangeable dwelling cannot be ordered by employers.

Arrangements for the exchange of non-privatized premises

In view of these characteristics, employers will have to take the following actions at different stages of the exchange:

  1. To obtain the consent of all tenants of the dwelling for the conclusion of a contract;
  2. Find a suitable option for changing living conditions;
  3. Agree on all necessary terms of exchange in a joint agreement;
  4. Provide a signed copy of the contract to each of the employers;
  5. Wait for the written consent of the employers to the exchange;
  6. Change social security contracts to residential premises.

Pay attention!If at least one adult resident objects to the exchange, the conclusion of a contract may not take place; the minor will be the subject of a decision by his or her parents, subject to the consent of the guardianship authority.

The right to demand forced exchange is only possible if persons from different families live in one unprivatized apartment.

The Russian Housing Code does not describe specific situations in which citizens can decide to change their housing conditions through exchange; the key rule of this process is that the legal status of dwellings is not subject to change, i.e. as a result of the exchange, the apartment cannot become privatized and become the property of the tenants.

The exercise of the right to exchange non-privatized real property requires the approval of the employers, but the options for refusing a contract do not depend on the arbitrary decision of the owners of the municipal or state housing stock; the possible reasons for refusal are clearly provided for in the Russian Federation ' s VC, among others:

  • The existence of claims against one or more employers to terminate the social employment contract or to modify its terms;
  • Emergency condition of the building;
  • A decision approved by the competent authority on major repairs to the building;
  • Other circumstances.

The parties have only 10 days to verify the terms of the contract.

If an unjustified refusal is made after the expiry of the said period or no reply has been received at all, the tenants of the uninvited apartments have the right to bring an action before a court for the enforcement of the contract.

In this case, the legal grounds for the introduction of citizens into the accommodations only come into force after the legal act has entered into force.

Special attention should be paid to the observance of the rights of minors when concluding a contract for unprivatized apartments, and the Russian Housing Code expressly stipulates that such actions by citizens will be under the supervision of the guardianship and guardianship authorities.

If an individual under the age of 18 is registered in a residential facility or has the right to use it permanently on social grounds, no exchange may take place without the consent of the guardianship authorities; in order to obtain the consent of the authorized guardianship authorities, it will be necessary to prove that the new premises will not impair the housing rights of minors.

In concluding a contract for unprivatized apartments, the legal consequences are as follows:

  • The exchange is effected by the termination of existing social welfare contracts, while at the same time concluding new agreements with the same tenants;
  • As a result of the execution of the contract, the right to use the accommodation is preserved for all citizens participating in the exchange;
  • With the change in housing conditions and the conclusion of new social employment contracts, citizens retain the right to participate in the privatization programme.

Thus, there is no need for citizens to register contracts with the Rosreestra authorities, as the ownership of both properties will remain with the municipal authorities.

Exchange of non-privatized dwellings, dwellings Reference to main publication
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