The nuances of exchanging a non-privatized apartment

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Despite the fact that the privatization reform came into force more than twenty years ago, a significant proportion of housing that makes up the secondary housing stock is still in state and municipal ownership , which gives the right to live in it exclusively under a social tenancy agreement.

Transactions with such real estate are virtually impossible, so for many families who want to leave, the problem of exchanging non-privatized apartments is extremely pressing.

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Division and exchange - what's the difference?

The division of a non-privatized apartment means the division of personal accounts in it , however, within the framework of the current Housing Code of the Russian Federation, this operation cannot be carried out .

In the case of non-privatized living space, it is allowed to exchange it for the corresponding number of square meters of apartments with a similar ownership status , owned by one landlord, which significantly limits the choice of future housing.

Read the article on how to privatize an apartment yourself here.

Features of exchanging a privatized apartment

Since the apartment is registered as a property, all owners can dispose of it at their discretion. The sizing process can be carried out after allocating a share to each co-owner, after which they sell or exchange their parts of the property.

It is also possible to completely change the entire apartment to other objects, but this process is accompanied by difficulties due to the fact that it is difficult to find other suitable apartments for the process.

How to change an apartment? Tips in the video:

What rights do owners have?

The apartment may be in joint or shared ownership, but each owner has the right to dispose of some part of it. It is optimal to make a decision on the need for exchange jointly, which will allow this process to be carried out peacefully.

The procedure for exchanging a privatized object can be performed using two methods:

1. Sale of shares or the entire apartment.
   For this purpose, the property is put up for sale. When a buyer is found, all co-owners sign the contract. The amount received from the process is divided among citizens based on their shares. Next, each person independently decides where these funds will be sent.
2. Exchange of housing. The process consists in choosing the best options for other real estate for each owner. The exchange agreement involves the exchange of real estate for other apartments. This usually requires additional payment from citizens.

How can I obtain a certificate of state registration of ownership of real estate? See here.

The second option is considered complicated, since it takes a long time to look for options for exchange.

Legislative regulation

All information about the exchange rules is indicated in the LCD. The Civil Code contains data on what rights the owners of a privatized apartment have. It is indicated that it is not always possible to exchange objects.

What can interfere?

In Art. 73 of the RF Housing Code outlines a number of circumstances prohibiting the exchange of non-privatized housing:

• The living space is classified as official or allocated by a specialized fund;
• There is arrears in paying utility bills , which can lead to litigation around the apartment;
• Housing has emergency status;
• The house must be demolished or overhauled , or completely re-equipped for other purposes;
• A citizen undergoing treatment for a dangerous infectious disease can move into communal housing ;
• Guardianship and trusteeship authorities are able to “block” the exchange if minors, incompetent or partially capable persons living with any of the parties have less living space than stipulated by legislative acts.

What is privatization of municipal housing

Privatization is the process of transferring rights to a property to those people who live on the basis of registration under a social tenancy agreement. According to Russian law, the privatization program provides for the following principles:

1. accessibility, this means that any citizen of Russia can apply for registration of this issue;
2. one-time use; according to the law, property rights can be re-registered under privatization only once in a lifetime;
3. Important! The exception is minor children; they can participate in privatization again after reaching the age of eighteen.
4. gratuitous, all citizens can participate in privatization without paying the cost of the apartment, they only pay state duties and fees.

Municipal authorities will directly draw up documents for the privatization of an apartment; at the local level, this is usually the management of municipal property.

Conditions and procedure for exchanging residential premises

The main step in the matter of exchange is reaching agreement between family members living in a non-privatized apartment.

If no one has any objections, you can start looking for suitable options for exchange.

You will have to do this on your own , because real estate agencies, due to the lack of profit, refuse as best they can from participating in the exchange of non-privatized apartments, and the state and the municipality have no obligation to help the population in such situations.

Finding housing for exchange is quite possible. The law does not prohibit looking for it even in other cities; with the consent of the owner organization, moving non-residents into a non-privatized apartment is not prohibited .

How the deal happens:

1. Sign an exchange agreement;
2. Terminate previous social employment contracts;
3. Conclude new contracts with other landlords.

Tenants of the residential premises being exchanged shall conclude an exchange agreement in writing (Article 74 of the Housing Code of the Russian Federation), with subsequent provision of its original to the renting organizations in order to obtain permission to carry out the exchange.

We offer you agreements on the exchange of residential premises occupied by citizens under social tenancy agreements: .

A social tenancy agreement is drawn up with the owner organization and the new tenant, providing for the transfer of all rights and obligations.

The permission or refusal must be stated by the landlord in an official document and delivered to the tenant or his representative no later than ten working days from the date of the tenant’s application.

An exchange carried out in non-compliance with the provisions established by the Housing Code may be declared void in court. If offenses committed by one of the parties to the contract are revealed, the guilty party is obliged to compensate the injured party for all losses incurred by it (Article 75 of the RF Housing Code).

Necessary conditions for exchanging a municipal apartment

If residents in a municipal apartment have agreed on the issue of exchanging it, they should find suitable options. At the same time, they can only choose from non-privatized housing of a smaller area. Exchange of municipal apartments for private ones is not allowed. This is one of the difficulties, since as a result of privatization there is not much housing left in the state fund and even fewer tenants who are ready to arrange an exchange. It should be understood that you will need to find people who will agree to move into the same apartment, because in most cases they will be strangers to each other.

The citizen will have to act independently. It is necessary to post and submit advertisements to newspapers, and also look for counter-offers. This process may take a long time. Real estate agencies are unlikely to help in such matters, since realtors are not interested in transactions from which they will not make a profit.

The law does not prohibit exchanges for municipal apartments or rooms located in another city or region. Therefore, if desired, suitable options can be found.

Also, residents who want to exchange an apartment must obtain the consent of the authority that owns their living space. The municipality will refuse the procedure in the following cases:

1. If a claim is being filed against the apartment of the responsible tenant to terminate or amend the social tenancy agreement with him.
2. If the right to use an apartment is disputed in court.
3. The apartment is located in a dilapidated or dilapidated building.
4. A decision has been made to demolish the building in which the apartment is located.
5. The apartment building in which the exchanged housing is located is subject to major repairs with redevelopment and reconstruction of the premises.
6. If the exchanged apartment is a service one.
7. If there are debts for utility services.

Also, the municipality will refuse the procedure if, as a result, a person who suffers from a serious chronic illness, for example, tuberculosis, moves into a communal apartment.

If among the residents there are minor children or citizens who are limited or incompetent, it is necessary to obtain permission from the guardianship authority for the exchange. To do this, the legal representatives of these persons must prove that the rights and interests of their wards will not be infringed as a result of the exchange. Otherwise, the municipality will refuse the procedure.

Procedure, documentary support and features of the procedure

Citizens wishing to make an exchange must adhere to the following algorithm:

• find out whether their apartment is subject to exchange;
• select suitable options for the procedure;
• collect the necessary documents;
• obtain permission from the POiP if minor children or citizens with limited or incompetent capacity are involved in the exchange;
• conclude an exchange agreement;
• submit an application and documentation to the municipal authority that is the owner of the apartment;
• wait for the municipality's decision;
• if the authority agrees to conclude new social rental agreements;
• move into new housing.

When residents reach agreement and select suitable options for exchange, they need to collect documentation. The package of papers includes:

• application for exchange of housing;
• social tenancy agreement or order for an apartment;
• extract from the financial and personal account of the apartment;
• certificate of persons registered in the premises;
• consent of the POiP, if minors are involved in the procedure;
• written consents or notarized powers of attorney from persons who have permanent registration in the territory of the exchanged living space;
• employers' passports.

Depending on the subject of the Russian Federation in which the exchange will take place, the documentation package may vary. This is due to the fact that the rules governing problems with the municipal housing stock are established at the regional level. In order to find out the complete list of papers, you must contact the housing committee of the administration of the locality in which the apartment is located in advance.

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What documents are needed to exchange an apartment?

Citizens wishing to exchange non-privatized living space will need the following list of documents provided to the housing department of the city/local administration:

• A copy of the social tenancy agreement from each tenant;
• Application for exchange with signatures of adult residents;
• Certificate about residents registered in the apartment;
• Certificate of absence of debt for housing and communal services;
• Technical documentation from the BTI for all apartments participating in the exchange;
• Extracts from house books may be needed ;
• When living in an apartment for minors, incompetent or partially capable residents, permission from the guardianship and trusteeship authorities .

If you want to find out whether it is possible to sign a person out of an apartment without his consent, we advise you to read the article.

Exchange of a non-privatized apartment

Advice from lawyers:

1. Is it possible to sue for the forced exchange of a non-privatized 2 room apartment? Apartments.

1.1. It is possible if you prove the impossibility of living together and provide exchange options.

Did the answer help you?YesNo

1.2. The procedure is as follows for the exchange of non-privatized apartments. Art. 72 Housing Code of the Russian Federation. You need to choose the option of exchanging your apartment through realtors or yourself via the Internet. Draw up a statement of claim for the forced exchange of your apartment and relocation using this option. If the court finds that the option does not worsen the living conditions of those you want to move from your apartment, then your claim will be satisfied and the apartment will be forced to be exchanged according to your option.

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1.3. Hello! It is possible if there are exchange options.

Did the answer help you?YesNo

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2. My father and I are registered in a non-privatized apartment, the relatives who are also registered there have changed the locks and won’t let us in, they don’t pay for the apartment, they don’t want to exchange, what should we do and can the bailiffs take care of this situation so that we can exchange the living space in court?

2.1. 1. You can call the door opening service; upon presentation of documents confirming your registration in this living space, the locks will be opened for you and you will gain access to your living space. 2. Bailiffs are only involved in the enforcement of court decisions. If the apartment is not privatized, there are options for its forced exchange through your district court, in accordance with Part 3 of Article 72 of the Housing Code of the Russian Federation. When considering a dispute, the court will take into account the presence of all circumstances worthy of attention, incl. and related to the personalities of the parties to the process. So it goes.

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3. I am studying now, planning to give birth next year. I live in a non-privatized apartment (not everyone agrees to privatization), exchange is hardly possible. Square meters per person are currently closer to the social norm, that is, I can register a child with normal living conditions. The question is, does the guillotine plan to take away square meters if we have an average of 15 per person? Otherwise I’m just afraid I won’t make it in time.

3.1. The “regulatory guillotine” implies that acts that entered into force will be canceled by January 1, 2021: acts with mandatory requirements that entered into force before 2021 will also have to be canceled at the municipal level - by 2023.

Did the answer help you?YesNo

4. I have such a situation, I want to exchange a 4-room apartment in it, 4 rooms are registered as the mother is the owner, my brother and I are eight years old and my husband is not registered there. The apartment is not privatized. They don't let me in. Can I?

4.1. Irina, Good evening! Not only is your whole question confused, but you also indicate that the Mother is the owner, and at the same time write that the apartment is not privatized. It doesn't happen that way. Privatization of an apartment is the transfer of ownership of the apartment from the state to the tenant. So, if the apartment is not privatized, it is state property. Be specific about your question.

Did the answer help you?YesNo

4.2. It can be divided provided that everyone shares the property. This requires the consent of all persons registered in it. If there is no agreement, go to court.

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5. In a non-privatized apartment of 62 m², my father, mother, uncle, me and my minor son (4 years old) are registered. I live there with my husband and son. My uncle raises the issue of dividing the housing, but I don’t want to make an exchange (we are making repairs and arranging everything). What options are there to solve this issue? How to correctly calculate how many squares are in this apartment?

5.1. Hello! The grandfather can demand anything; he cannot do anything without the consent of everyone registered. There are no meters of his in the apartment. all tenants have the right to use the entire apartment.

Did the answer help you?YesNo

6. Is it possible to exchange a 2-room, non-privatized apartment in which 2 adults and 1 minor are registered, provided that one of those registered does not consent to the exchange and the apartment has a housing and communal services debt?

6.1. Hello. Definitely not.

Did the answer help you?YesNo

6.2. Hello, It is impossible to exchange a non-privatized municipal apartment. This is not your apartment, but a state apartment and you have no right to dispose of it. First, complete the privatization process. Everyone registered in the apartment must give consent to this. I wish you good luck and all the best!

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7. Help please. I am a husband. mother-in-law and daughter (9 years old) are registered in a non-privatized apartment. My husband drinks very heavily, constantly kicks us out of the house (he is a responsible tenant), lets us down and mocks us. The child is afraid of him. The police are not helping. He will never agree to exchange the apartment. Makes me want to check out. What to do? My child and I move around in rented apartments. How to change an apartment? How to protect the rights of a child? Is there really nothing that can be done?

7.1. The fact is that it is impossible to divide such an apartment, it is not property, but if the police do not respond to your statements, you have the right to contact the prosecutor's office.

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7.2. I sympathize, Elena, but without the consent of one of the family members (whether responsible or not), it is not possible to privatize a living space. Dispose of it accordingly. The procedure for exchanging municipal apartments is troublesome and in recent years has not been feasible in practice. The administration doesn't even talk about this.

Did the answer help you?YesNo

8. Is permission from the Guardianship required for the sale of a non-privatized three-room apartment for exchange, where two minor children are registered?

8.1. A non-privatized apartment cannot be sold, since it does not belong to you. This is the property of the municipality. Exchange for another municipal housing is possible. You need permission from the guardianship authority.

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8.2. Good day! It will be impossible to SELL a non-privatized apartment AT ALL - it is not owned. Good luck to YOU! Always happy to help.

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8.3. A non-privatized apartment cannot be sold, it is fashionable to exchange it, but for this, of course, you need permission from the guardianship authorities on the issue of minor children.

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9. Is it possible to exchange an apartment that is not privatized and there is a rent debt. There are 4 adults and 1 child registered in the apartment.

9.1. A non-privatized apartment can only be exchanged for non-privatized ones, but it won’t work with debts. Good luck and all the best to you.

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10. Non-privatized apartment. Four adults and two minors are registered. What options are there for exchanging an apartment? Thank you.

10.1. Good afternoon, Alexey Alexandrovich! There can be any option for exchanging an apartment, the main thing is that all participants in the exchange are satisfied with this option.

Did the answer help you?YesNo

10.2. Such an apartment can only be exchanged for non-privatized ones, but an exchange is now difficult to find. Good luck and all the best to you.

Did the answer help you?YesNo

10.3. In order to exchange it you need to privatize. Then sell, buy another home. If someone does not agree to sell the entire apartment, then you can sell the shares.

Did the answer help you?YesNo

10.4. Four adults and two minors are registered. What options are there for exchanging an apartment? City Hall will not allow you to exchange a municipal apartment. They will tell you to look for it yourself.

Did the answer help you?YesNo

10.5. I don't think you have any options for exchanging this apartment. The reason is that the exchange of such housing is allowed only with the consent of the property owner. This means that in order to exchange, you will have to find at least two apartments that will have the same owner of the property, and agree with the residents of these apartments to exchange for yours.

Did the answer help you?YesNo

11. Is it possible to exchange a non-privatized 3-room apartment for two 1-room apartments?

11.1. Very problematic, but in theory it is feasible if you find the same one that is being reprivatized, with the permission of the administration. It’s easier to privatize and manage further.

Did the answer help you?YesNo

11.2. Hello! The law provides for the exchange of municipal apartments. According to Art. 72 of the Housing Code of the Russian Federation, the tenant of residential premises under a social tenancy agreement, with the consent in writing of the landlord and members of his family living with him, including temporarily absent members of his family, has the right to exchange the residential premises occupied by them for the residential premises provided under the contract social hiring to another employer. Members of his family living together with the tenant have the right to demand from the tenant the exchange of the residential premises they occupy under a social tenancy agreement for residential premises provided under social tenancy agreements to other tenants and located in different houses or apartments. If an exchange agreement has not been reached between the tenant of a residential premises under a social tenancy agreement and the members of his family living with him, any of them has the right to demand a forced exchange of the occupied residential premises in court. At the same time, attention-worthy arguments and legitimate interests of persons living in the exchanged residential premises are taken into account.

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12. I would like to know the options when exchanging a one-room, non-privatized apartment. We initially received an apartment for three people: me, my husband and my son. Another child was born in the marriage. There are 4 people registered in the apartment. Because of quarrels and not paying for the apartment, I want to share it, but my tyrant husband and drunk are against it. Can I, through the court, break up an apartment and pay an additional amount from maternity capital in order to buy a one-room non-privatized apartment, rather than go to a hostel or a communal apartment.

12.1. Hello! You can not. This apartment does not belong to you, you wrote that it is non-privatized.

Did the answer help you?YesNo

13. To exchange non-privatized housing, will you need the consent of everyone registered in the apartment? If someone doesn’t agree, can I force it in court?

13.1. You can go to court with a claim for forced exchange.

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14. What are my options? There is a non-privatized apartment, 4 people are registered in it, my husband and son and 2 of his relatives, there is a large debt for the apartment because no one wants to pay. These two relatives live in the apartment. They are completely uncommunicative people and there is no way to come to an agreement with them, not on privatization, not on exchange, etc... what can we do with our square meters? What should I do?

14.1. 1. Urgently pay off debt. 2. Submit claims for reimbursement of costs to whom. services to these 2 relatives - in court. 3. Contact the administration with a statement of non-fulfillment of obligations to pay the fee. payments and withdrawing them from the register. accounting.

Did the answer help you?YesNo

15. If the father privatized an apartment, then privatized it, made an exchange for a non-privatized apartment, can he privatize this apartment?

15.1. He can’t, he has already used his right to privatize.

Did the answer help you?YesNo

16. Registered with her mother in a non-privatized apartment. In 2006, she kicked me out of the apartment and only 3 days ago I was able to go there, calling the local police officer and the lock picking service. The apartment is in terrible condition, completely unsanitary. Also, the apartment has a debt for housing and communal services of 210 thousand rubles. There were debt collection courts, but I didn’t know about them. Is it possible to divide this debt and determine the further payment procedure? Is it possible to somehow write her (the mother) out or force her to exchange?

16.1. It is impossible to divide the debt, since the responsibility is joint and several, you can determine through the court the further procedure for payment of Article 69 of the Housing Code of the Russian Federation, you can file a claim for a forced exchange of housing, if you have options under Article 72 of the Housing Code of the Russian Federation.

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17. My mother, grandmother and I are registered in a 3-room apartment, the apartment is not privatized! Can I somehow apply for an apartment exchange?

17.1. The law provides for the possibility of forced exchange through the court, Article 72 of the Housing Code of the Russian Federation.

Did the answer help you?YesNo

18. Exchange of a non-privatized 2-room apartment, 3 adults living in it, 2 of whom are against privatization and exchange.

18.1. The law allows for the possibility of forced exchange through the court, but you yourself need to look for exchange options.

Did the answer help you?YesNo

19. Is it possible to resettle a non-privatized apartment through the court, without looking for exchange options on the part of the residents? In which case?

19.1. Hello, Anton. No impossible. An exchange option must be presented to the court. Otherwise, the claim simply will not be accepted.

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20. I live in an apartment with my son, mother, brother, I, the child and the mother occupy one room, my brother is in another, we don’t get along together, my brother and mother don’t want to change anything, the apartment is not privatized, what can I do in such a situation, and what According to the law, I must be given an option when exchanging, does it make sense for me to get in line?

20.1. If the apartment is not privatized, it cannot be exchanged. If you are low-income and have housing that is less than the standard, you can get on the waiting list for housing.

Did the answer help you?YesNo

20.2. Municipal housing can only be exchanged for municipal housing; you are unlikely to find any options. Try to get in line to improve your living conditions, but this is extremely slow.

Did the answer help you?YesNo

I live with my ex-wife and 20-year-old son in a non-privatized apartment, all three of them are registered in it.

We have a non-privatized 3-room apartment, my mother, the tenant, I, my daughter, my daughter, who is a minor, and my mother’s brother are registered in it.

After the death of my mother, I make all utility payments and repairs to a non-privatized municipal 2-room apartment,

Please tell me, can I apply for exchange of a 2-room non-privatized apartment?

I have a question - there are three of us living (although 4 are registered, my mother has been discharged temporarily), my daughter, my sister and I have a one-room, non-privatized apartment.

I live in a closed military camp in a two-room non-privatized apartment

I live in a closed military camp in a two-room non-privatized apartment

Please give an approximate court decision in the following circumstances, in case of divorce

Is it possible to exchange a 2-room non-privatized apartment in which I, my mother and my two children are registered.

The apartment with a total area of ​​87.50 sq.m. is non-privatized, 5 disabled people of group 1 are registered in it,

Please tell me whether it is possible to exchange a non-privatized apartment through the court,

When exchange is not possible

In some cases, registration of exchange or exchange of non-privatized real estate may be refused. One of the significant reasons for refusal may be accumulated debts to pay for utility services. If apartment residents have not made payments for six months, they will most likely be denied. In addition, with a debt of this size, citizens living on rental terms risk being evicted through the courts. If there is a claim filed by the landlord, exchange/exchange is impossible by law. A refusal to exchange living space may be due to the presence of a serious illness in one of the residents (special list, tuberculosis). Registration of the exchange of housing may be suspended if it is discovered that the standard of living space in the new home provided for minors is insufficient.

Russian legislation does not prohibit citizens from carrying out operations with non-privatized housing or exchange of living space. It is quite possible to exchange such an apartment for living space that has a similar form of ownership. This procedure requires a lot of time and a fair amount of effort; it may be easier to first privatize your living space and then carry out any operations with it.

Exchange through court

If the owners or tenants of the property cannot come to a consensus regarding the exchange, an option is to go to court. Such a forced size can lead to the following consequences:

• if the court determines that the proposed version of the division is in accordance with the law and the interests of all parties, the defendant will be obliged to comply with the decision;
• if the subject of exchange is private property, the court cannot deprive it or force it into exchange or sale (in this case, only division of ownership into shares is allowed);
• if the heirs demand exchange, the court may transfer the object to one of them, with the recovery of equivalent compensation from other persons.

Note!

To exchange municipal housing, the court may oblige the landlord to reissue social tenancy agreements if compliance with all regulations and legal requirements is confirmed.

When going to court, the plaintiff needs to present his option for resolving the dispute, i.e. information about apartments for exchange or determining the amount of compensation.

Objects for re-registration of property rights

It should be noted that not all apartments in which citizens live under a social tenancy agreement are subsequently subject to privatization by these people into their own property. According to the law, there is a whole list of residential real estate that is excluded from privatization, these are:

• residential apartments and rooms that make up the official housing stock; – dorm rooms; – apartments on the territory of military camps;

• apartments and rooms that are listed in the emergency fund.

All of these real estate objects are excluded from the privatization program; for this purpose, there are official documents in the form of orders from local authorities that the apartment is transferred to the municipal fund.

Important! Privatization of official municipal housing is possible only if there is a court decision that the housing was illegally included in this list.