Allocation by an organization to employees of places in a dormitory that does not belong to it

Is it possible to privatize a dorm room?

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

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

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

Prerequisites

Article 4 of Law No. 1541-1 states that it is impossible to privatize residential premises located in dormitories. And in Article 7 of the Housing Code of the Russian Federation there is a note that rooms in dormitories are subject to rules common to all, but only on the condition that the buildings themselves where the housing is located are transferred to the jurisdiction of the municipality. Thus, privatization will be possible if:

The building was transferred to the balance of the local administration.
The residents entered into a social rental agreement.
The room is a separate living space, equipped with load-bearing walls and having a separate entrance.

Even under such conditions, there are still premises that cannot be privatized: a kitchen, a bathroom, a shower room, and so on. In general, any premises that are common to everyone in the dormitory. At the same time, residents of privatized rooms retain their rights to use them on the same basis and to the same extent as everyone else.

A friend renovated her dorm room with her own hands and even added a kitchen (before and after photos)

My friend's parents moved out and left her a dorm room. True, the condition of the room was already bad, but she decided that she would renovate it and live on her own. Moreover, there is running water in the room, so there is a sink and you can cook. The friend came up with an action plan and wrote down on a piece of paper approximately what needed to be done. What building materials do you need to buy?

The preparatory stage began with removing old things and all the garbage, so that we could then begin to remove the old wallpaper, flooring, dismantle the wall that separates the sink, and so on. And opposite the sink, we had to remove the wall where there used to be a pantry, but then there was a refrigerator there. The only thing is that the door to the balcony and the window have already been replaced with plastic ones. The front door was also removed. When the floor was removed, my friend filled it with leveling mixture. And for some time it dried.

She lined the walls with plaster. For this she needed: cement, sand. The cement mixture is durable and can be used anywhere. This mixture levels the walls well. But my friend used a net. Once the walls were level, it was time to let everything dry. This took about two weeks. And after that I painted them with regular white paint.

She decided to just make the ceiling matte and install spotlights there. Since she considered it more cost-effective than making a new ceiling: whitewashing it or making it suspended. After that, she laid the underlay on the floor and laid the laminate. And then I made the baseboards.

Next, it was necessary to equip a small kitchen, since there were already outlets for the sink. Therefore, she lined the walls where the kitchen unit was planned with tiles (apron). I ordered a small set, just to understand, it only included: several hanging cabinets and a small countertop in which a sink and a washing machine were mounted.

I hung a microwave oven on brackets above the countertop and it no longer took up much space. And she placed a refrigerator next to it. She divided the kitchen area and the rest of the room with a translucent curtain. Opposite the kitchen unit she placed a dining table and chairs. I hung a small mirror on the wall. In another part of the room she placed a sofa and opposite a wardrobe and a chest of drawers.

I also hung curtains for complete harmony. In principle, this update of the dorm room was ready.

Source

Where to begin

First of all, you should find out from the competent authorities whether your hostel belongs to the municipality or whether it has the status of specialized housing. If the house is included in the municipal property register, then you receive an extract from it and you can begin collecting the necessary papers. Don’t forget to sign an agreement on social rental of a room with the district administration. The privatization procedure must be started in accordance with Article 7 of Federal Law No. 189 of December 29, 2004 and Article 2 of Law No. 1541-1 of July 4, 1991, previously known as decrees on the privatization of hostels.

Otherwise, if the hostel house turns out to be departmental specialized housing, you will definitely be denied privatization. There is one way to solve this situation - appeal to the judicial authorities. But we'll talk about this a little later.

Shared ownership of a dorm room

Who has the right to carry out privatization Based on the Federal Law “On the Privatization of Housing Stock,” which was adopted back in 1991, any citizen of the Russian Federation can participate in privatization.

If it is not the physically allocated part of the apartment that is to be sold, but certain shared rights to it, other rules apply. This code establishes the basic rules both for the form of transactions and for what exactly can be their object.

Another important nuance is that in connection with new changes to the legislation, which are designed to reduce cases of fraud in the market when selling shares, now all transactions for the sale of such areas go through a notary.

Procedure

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

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

The plaintiff should also prepare a written application, indicating in it the requirement for the right to privatize the residential premises.

After the claim, along with a written refusal from the administration, is submitted to the court, the applicant can only regularly attend all meetings and wait for the court decision.

If the court finds privatization possible, the final stage will be registration of property rights in Rosreestr.

How to buy a dorm room correctly?

If the period has expired and none of the co-owners agreed to the purchase, then the owner has the right to sell it to any third party.

Before you do anything, decide why you need it. You want to buy a room to live in yourself, to rent out, to save money and in anticipation of rising property prices.

You can spend maternity capital to buy a room in a hostel only if the facility has been removed from the specialized housing stock by the municipality.

A social rental agreement is concluded if you already live in a hostel that is (or has recently become) municipal property. Or if you received such housing while being low-income, or working at an enterprise that provided you with a hostel.

Failure Cases

Can they refuse to privatize a room? Unfortunately, and especially in the case of a hostel, this is very likely. Here's the reason:

the building belongs to a specialized fund (for example, a student dormitory);
the hostel has been transferred to private hands;
the premises have been converted and are not listed as residential;
documents are filled out incorrectly;
one or more required documents are missing.

But if it’s only the “paper” side of the issue, that’s not so bad - the documents can be reissued.

It’s much worse if the reason is fundamental.

Then there is only one way out - to get a documented refusal and go to court with it. Or if you don’t want litigation, come to terms with the existing state of affairs.

Buying a dorm room: documents, nuances of the procedure and legal advice

If necessary, a share in an apartment building can be transferred to the status of an apartment. This process is lengthy and quite complicated; it is better to seek the help of a realtor or lawyer specializing in housing law.

In some cases, when purchasing real estate, only a notary can record the fact of acquisition. This provision is reflected in Federal Law No. 122 - Federal Law of July 21. 1997 as amended June 2, 2020

In the first case, you will be able to manage your property yourself, without taking into account the opinions of your neighbors (provided that the room is privatized). But in the second case, we are talking about common shared ownership. This means that other owners have the right of first refusal.

If the property is not privatized, then its owner does not play a significant role in concluding a purchase/sale agreement. But it’s a completely different matter if the owner is the first person who has the right to make any transactions with the residential space. But here it is critically important that the application to refuse it is drawn up correctly.

It is quite permissible to buy a room in a communal apartment at the expense of maternal funds, the main thing is that the square meter area complies with accepted standards.

I privatized two dorm rooms a year ago. Everything is in my name, it is not in shared ownership. He wrote a rejection of privatization. I know that he can live there for life. I'm not going to kick him out! I wanted to open the house register and re-register it; due to privatization, the apartment number changed. But he doesn’t even give me a copy of my passport. What to do?

It is impossible to buy a room in a student dormitory; they are not put up for sale; they belong to educational institutions. But rooms in family and work hostels have been selling for a long time. Therefore, you can purchase just such a room if you wish.

But if they are part of a common object, and the seller is the owner in shared ownership, you need to take into account the rules that the Civil Code of the Russian Federation imposes on the rules for the sale of shares.

This package of documents, along with the application, is submitted to the guardianship council at the place of registration of the child (everyone needs to go there together: parents and child). Within two weeks, the guardianship council will give a written decision on your application. If the answer is positive, the next stage is preparing the deal.

Transfer of the hostel to municipal ownership

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

The transfer is made with the voluntary consent of the organization - the owner of the hostel, which transfers (donates) this property to the municipality free of charge.

After which the local government body makes a decision to exclude the property from the specialized housing stock.
The authorized department of municipal government changes the status of the dormitory to the status of an apartment building.
As a result, social rental agreements are concluded with persons living in such a building.

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

Are students required to make repairs in the dormitory at their own expense?

Answered by Dmitry Khmyl

07/11/2019 at 13.03

In accordance with paragraph 5 of the Regulations on hostels, approved by Resolution of the Council of Ministers of the Republic of Belarus dated April 5, 2013 No. 269 “On approval of the Regulations on hostels and a standard rental agreement for residential premises of the state housing stock in a hostel and invalidation of certain resolutions of the Council of Ministers of the Republic of Belarus ", residential premises in the dormitory are provided in the following order:

1. for single citizens - part of the residential premises in joint ownership and use of several persons who are not in a family relationship;

2. for families - an isolated living space, consisting of one or several rooms, for the separate ownership and use of the family.

In accordance with paragraph 40 of the Regulations on hostels, approved by Resolution of the Council of Ministers of the Republic of Belarus dated April 5, 2013 No. 269 “On approval of the Regulations on hostels and a standard rental agreement for residential premises of the state housing stock in a hostel and invalidation of certain resolutions of the Council of Ministers of the Republic of Belarus ", current repairs of residential premises in a dormitory intended for the residence of single citizens (except for isolated residential premises that are in separate ownership and use) are carried out at the expense of the state organization and other sources not prohibited by law.

Whitewashing of the ceiling, whitewashing, painting or wallpapering of walls, painting of radiators, window frames, window sills, doors and built-in wardrobes and mezzanines, inserting glass, painting or varnishing the floors of residential premises in the dormitory, which are in separate ownership and use of families, are carried out at the expense of residents.

Thus, in accordance with the legislation of the Republic of Belarus, based on the situation you described, that the hostel was provided to you as single citizens (that is, part of the residential premises, and not an isolated residential premises in separate ownership and use), then if you are required to when moving out, re-paste the wallpaper and re-whiten the ceiling in the bathroom, you can file a complaint about the actions of the hostel administration with your local executive committee, and (or) a complaint with law enforcement agencies (prosecutor's office, state control committee).

The only thing that should also be noted is that repairs to buildings and hostel premises damaged due to the fault of residents, as well as furniture, equipment and inventory, are carried out by the guilty persons or at their expense.

The procedure for privatizing a dorm room

Citizens of the Russian Federation living in dormitory rooms belonging to the housing stock of state or municipal authorities, on the basis of social rental agreements, have the right to privatize this housing subject to a certain legal order:

It is necessary to find out information about whether the property belongs to local governments. To do this, you should submit a request to the housing department of the municipality, which will provide information on the composition of municipal property.
Collect a package of documents that will be required to conclude a transaction to transfer ownership of a residential premises.
The collected information is sent to the local branch of the regional government (city administration, district department for housing policy and housing stock).
After checking the received documentation, a decision is made to refuse or permit privatization.

If the housing department of the municipality refuses to transfer ownership of the property occupied by the hostel, the tenant has the right to appeal such a decision in court.

Premises equipment

In accordance with specially developed standards, dormitory living rooms must be provided with furniture and bedding. Each living room must have chairs and bedside tables according to the number of residents. There should be a closet for clothes and shoes, and curtain rods over the windows. The number of compartments in closets should be no less than the number of beds in the room. The presence of tables, shelves, and carpets may be provided.

The kitchen area should be equipped with a stove, sinks, a refrigerator, cupboards, and, if possible, a table and chairs. Kitchen equipment is approximately calculated according to the following standards: 1 gas or electric stove for 3-5 people, 1 sink for 8 people, 1 table for 8 people. Household and sports premises are equipped with shelves and cabinets. Domestic premises for washing and ironing are equipped with washing machines and dryers, ironing facilities. It is recommended to provide the hostel with means for cleaning premises, washing clothes, and performing minor repairs.

General rules for privatizing a dorm room

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

Legislative norms

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

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

Persons entitled to privatization

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

Conditions for privatization

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

Who is provided with a room in the dormitory?

It is more profitable for every parent to arrange for their child to live in a dormitory, but not everyone can get it. The number of rooms and beds in the dormitory is limited. Therefore, it will not be possible to accommodate all students .

But there are a number of categories of students that are prescribed in Part 5 of Article 36 and Part 2 of Article 39 of the Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”. The educational institution is obliged to provide them with a room in the dormitory first of all. These include:

orphans;
minors left without parental care;
students who lost both parents (only parent) during their studies;
disabled since childhood;
disabled people of groups I and II;
students who have become disabled due to injury received during military service.

If, after providing housing for preferential categories of students, there are still free places, then rooms are issued to visiting students upon application .

Part 1 of Article 39 of the Federal Law on Education introduces additional conditions for obtaining a room in a dormitory without taking into account the category of students:

studies are carried out at the main place (not additional training);
Full-time form of education.

For students studying in the correspondence department, a room can be allocated for the duration of the intermediate or final certification

It is worth noting that a university or secondary school is not required to have a dormitory to accommodate students. If a vocational educational institution does not have a dormitory, then refusal to provide a dormitory room will not constitute a violation of the law.

Dormitory accommodation is not provided only to college students.

Normative base

Issues of privatization of various real estate objects, including rooms in dormitories, are regulated by a number of legislative documents:

Civil Code of the Russian Federation;
Housing Code of the Russian Federation;
Law No. 122-FZ;
Law No. 1541-1.

Rules for obtaining ownership rights

Dormitories are designed to accommodate citizens for a certain period of time. A room in a dormitory can be occupied on the basis of studying at the appropriate institution, work activity in a certain organization, etc.

With the completion of training or termination of the employment contract with the company, the citizen’s right to use the premises ends. After this, the person is subject to eviction.

Adult and minor citizens of the Russian Federation have regulated equal rights to free privatization of occupied isolated premises in a hostel. If you receive an unlawful refusal, you can challenge such a decision in court.

Resolution of the issue in court

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

Event cost

The question that arises for almost everyone is: “How expensive is privatization?” We answer: if you collect the entire package of documents yourself, then only 500 rubles. This is the amount of the state duty for privatization.

If you do not have free time, and you rely on the experience of a professional in this matter, then be prepared to pay. On average, in large Russian cities, the entire package of services will cost up to 15,000 rubles. The exception is the capital of our Motherland; in Moscow the price list for this type of service is much higher.

And don't forget one important nuance. If you decide to transfer the registration of property rights to a competent person, then make this person a notarized power of attorney.

Dorm status after the procedure

And now, finally, the long-awaited certificate has been received. What does it give you? The room is now completely your property and you are free to do whatever you want with it. For example, rent out or sell (we will tell you how to sell a privatized room in a dorm in the next article).

In principle, as we have discussed, there is nothing complicated in the process of privatizing a dorm room. This process requires virtually no financial costs, and even the help of a specialist is not very expensive. But by registering the room as your own, you can be confident in the future, because now no one will ask you to vacate the official housing at the most inopportune moment. Almost all appeals to the court when municipalities refuse privatization are resolved in a positive direction for the plaintiff.

A case from the practice of privatization of housing in a hostel is discussed in the following video:

Requirements for residential premises

Privatization of a dorm room is permitted if the premises meet the following requirements:

the dormitory building is a municipal property;
before the transfer to the municipality, the building belonged to a state-owned company;
the building does not belong to a special purpose fund;
the room must belong to residential premises;
Rooms converted into non-residential premises are not allowed to register as property;
the premises must be used for its intended purpose.

Failure to comply with even one requirement can serve as a legal refusal to privatize.

Legislative framework on which the acquisition of property rights is based

The privatization of premises is regulated by a number of articles that make up the Housing and Civil Code of the Russian Federation, as well as the privatization law No. 1541-1. Free privatization of the premises is possible if the following conditions are met:

the room is located in a building that is recognized as municipal property;
before the transfer of real estate to the city administration, it belonged to a state enterprise;
the premises have residential status;
the building is not on the balance sheet of a special purpose fund;
the citizen has not previously used his right to free privatization.

Failure to comply with one of the conditions will make it impossible to carry out the procedure.

A tenant applying for ownership rights must have a warrant confirming that the room has been transferred to him on a social tenancy basis. If you do not have the necessary document, you should apply to the district administration employees to obtain it, having with you an order of occupancy.

Is it possible to register ownership of part of the room?

Initially, dormitories were intended for cohabitation of workers, that is, one room was occupied by several people at once. Many workers retained their “bed space” and even managed to register children and spouses per square meter. Is it possible to claim ownership in this case?

The Housing Code states that isolated premises are subject to privatization. The room fits this definition. However, there will be several contenders for living space. The long absence of neighbors and their presence of other living space does not make it possible to become the sole owner of square meters.

It’s another matter if the roommates voluntarily waive their rights and issue a notarized consent. Then one tenant will be able to privatize the entire premises. However, it is impossible to force such a decision. The court will not infringe on the rights of citizens in favor of one person.

When is the property registration procedure impossible?

It is almost impossible to privatize premises that have the status of departmental or official housing, but there are exceptions. It is almost impossible to obtain ownership of a room if the dormitory is listed as a student dormitory and belongs to an educational institution. The court can satisfy claims for housing in a factory or factory dormitory if the employee has lived and been officially registered at this address for more than 10 years, or has the same length of work experience at the enterprise.

Necessary documents for selling a dorm room in 2020

To draw up a contract for the sale and purchase of a dorm room, the seller will need to have the following documents on hand:

passports of all owners to whom the right to own the room is registered (when property is alienated by all at the same time) or a passport of one of the owners (consent from the others is provided);
notifications of delivery of notices of intent to sell a room sent to neighbors in the dorm;
if one of the owners is a minor child, consent to the sale from the guardianship and trusteeship authorities will be required;
in the case where there are several owners, and in the purchase and sale agreement there is only one on the part of the seller, it is necessary to have consent to the sale from the remaining owners;
a document on the basis of which ownership of the room is registered (agreement with the administration on the transfer of ownership of housing);
technical and cadastral passports for residential premises;
a certificate of deregistration of everyone who was registered in the room;
certificate of absence of debt for housing and communal services.

Validity periods for certificates when privatizing a room

When completing the required documentation package, you should keep in mind that the certificates are valid for a limited time. Therefore, before submitting the documentation package, you need to check whether they are still relevant? Otherwise, the expired “expiration date” of the document will be the reason for refusal to satisfy your requirements for the privatization of housing. The time periods during which the certificates are valid are:

Extracts from the State Register on the legal status of real estate are valid for one month.
Certificates received from the Housing Administration are also valid for a month.

How easy is it to buy a room in a communal apartment?

Many of those who consider a room in an apartment unacceptable turn their attention to communal apartments - maybe there are fewer problems there? And here they will be disappointed, because everything is exactly the opposite, and here’s why:

From a legal point of view, a room in a communal apartment can be both a share in the apartment and separate real estate. They can be distinguished by a certificate of ownership, because for an individual property the room number is indicated, while for a share only the owner and the size of his share are indicated. The decision to buy a room will only be reasonable if it is a specific part of the residential property, and upon purchase it will be possible to enter into an agreement on the manner of its use, indicating specifically the room that belongs to you.
If the room does not become the property of the selling party, it cannot be bought at all, it can only be exchanged.
Part of the communal apartment may be municipal, and not only the owners, but also the tenants of state housing can live in such an apartment. To buy such a room, you will need a waiver issued by the housing commission under the administration to purchase this very room.
The proposed gray sale through a gift agreement should be rejected immediately - this is an illegal option, which can then be easily challenged in court, and the room will be returned to the original owner, and instead of a refund, you will be charged a good fine.
If the room is owned by a minor or incompetent person, the already difficult purchase of such a room becomes even more complicated, because this will require the consent of the trustees and guardians.
Before you buy a room , you need to know exactly how many are registered there, as well as find out the exact number of people living in it, the possible desire of the neighboring owners to improve their own living conditions, as well as the methods and reasons for using common property. And a very important matter will be to find out whether all the owners have expressed a firm refusal of the redemption offered to them, because your purchase will be legal only on the same terms as those offered by your neighbors.
For a room that was inherited by the owner, you need to firmly make sure that absolutely all potential heirs have abandoned it - otherwise they can easily challenge your acquisition and return the property to themselves.

It is always useful to remember that communication with neighbors allows you to learn a lot of interesting things about the owner of the room and the past of this room. A detailed extract from Rosreestr, which will tell about all the vicissitudes of the existence of this room, can also provide useful information. When accompanying a real estate transaction, this is a mandatory legal document that the buyer’s lawyers will require from the owner of the room.

What documents are needed to privatize a room?

When starting the privatization process, the first step is to obtain the consent of all persons living in the room according to the social tenancy agreement. If a child under 14 years of age is registered in it, then his interests are represented by his parents, and in their absence, by guardians. All residents of the room must identify one authorized person who will deal with the entire privatization process on the basis of the issued power of attorney.

The power of attorney must be drawn up in writing and certified by a notary office. The trustee does not have to be one of their tenants. Let us assume that his role is played by a hired lawyer, representing the case of his clients in administrative authorities. When one of the residents of a municipal room does not want to take part in privatization, he must issue a written refusal and have it certified by a notary.

There will be no need to issue an official refusal for those residents who have previously exercised their right to privatize housing. According to Federal Law No. 1541, every citizen of the Russian Federation has the right to use his right to free privatization of residential premises only once in his life. If he has already participated in the privatization of an apartment or living room before, then he cannot do this again. Next, you will need to prepare a package of documents required for submission to municipal authorities. To privatize a dorm room, it will look like this:

Passports of all adult citizens registered in the premises. For minor residents, birth certificates are provided.
Statement of the established form. The official form of the document is available in all municipal administrations, and can also be downloaded from our website. This application should be secured in the local housing maintenance office before submission.
The passport of the premises received from the cadastral service, as well as its photocopy.
Title document. In this case, a warrant for the occupied premises.
A social housing rental agreement concluded with the municipal administration.
A certificate confirming the fact of non-participation by residents in the privatization of other residential premises.
A certificate confirming that the room has not previously been privatized.
Various extracts: from the state register for accounting of municipal property, from the house register, personal account of the premises.
If any of the residents of the room refuses to participate in privatization, an official refusal will be required to be attached to the application.

The listed documents and certificates of the technical nature of the room are issued by the Technical Inventory Department. For other certificates, you will need to contact municipal authorities and the local housing administration, which is in charge of the hostel. If one of the residents of the apartment previously had foreign citizenship, then he will need to submit a certificate from the visa service confirming that he has accepted Russian citizenship. Often citizens who are planning to apply for registration of municipal housing ownership ask - how much does this whole process cost?

The room is transferred free of charge; residents will only need to pay a state fee of 500 rubles. All certificates necessary for privatization are issued free of charge.

Who can rent a room in a dorm for social rent?

In accordance with the Housing Code of the Russian Federation, citizens who are not provided with housing in a particular locality and are registered in the queue of those in need have the right to receive social rent in a hostel.

Persons suffering from severe chronic diseases, as well as citizens living in dilapidated houses that are not subject to repair and reconstruction and are recognized as unsuitable for further use, have the right to receive housing out of turn.

Low-income citizens, citizens,

those on disability, women raising children alone, as well as children from large families and orphans.

Housing in dormitories is provided on the basis of decisions of authorized local government bodies or state authorities who are the owners of these premises, as well as their legal representatives. As a rule, decisions on the provision of living space in dormitories are made by their administration.

If you want to get an apartment under a social tenancy agreement, you will have to collect a certain package of documents.
What should you pay attention to in a rental agreement? Find out about this from our article.
There are several reliable ways to transfer money when buying an apartment. Read about the most popular ones at the link.

Privatization of a dorm room through the court

Often local authorities cannot firmly decide whether a room is subject to privatization or not. And just in case, they refuse this under various pretexts. The only possible way out of such a stalemate is to file a lawsuit against the municipality in the courts. To do this, an application is submitted to the court of the district in which the hostel is located. It may contain two types of claims:

Issue a court order to the municipal authorities to conclude an agreement with the residents of the hostel on the free transfer of ownership of the residential premises.
Recognize ownership of this living space through the privatization procedure.

The appropriate option should be chosen based on the motivation for the official refusal to privatize residential premises. To increase your chances of success in litigation, you should seek the services of a professional.

Algorithm for selling a dorm room

When selling a dorm room, you should adhere to the following procedure:

Privatize the room, confirm ownership with an extract from the Unified State Register of Real Estate.
Send written notices to your dorm neighbors of your intention to sell your room and offer to buy it back at the specified price.
If a neighbor has expressed a desire to purchase, then the transaction is concluded with him. When neighbors show no interest in purchasing, you should wait until the end of the 30-day period and begin searching for a buyer. This can be done by submitting advertisements to private classifieds websites, local periodicals, or contacting a realtor.
Preparation of all documents for the transaction.
Deregistration of all those registered in the property being sold.
Drawing up a purchase and sale agreement, sealing it with the signatures of the parties to the transaction.
Transfer of an agreement for state registration of transfer of ownership.
Carrying out payments and signing the room acceptance certificate.

You can sell a dorm room yourself or turn to a real estate agency for help, but then you will have to pay for their services.

Rules for obtaining ownership rights

With the completion of training or termination of the employment contract with the company, the citizen’s right to use the premises ends. After this, the person is subject to eviction.

Requirements for residential premises

Privatization of a dorm room is permitted if the premises meet the following requirements:

the dormitory building is a municipal property;
before the transfer to the municipality, the building belonged to a state-owned company;
the building does not belong to a special purpose fund;
the room must belong to residential premises;
Rooms converted into non-residential premises are not allowed to register as property;
the premises must be used for its intended purpose.

Failure to comply with even one requirement can serve as a legal refusal to privatize.

Procedure for providing a room

At the legislative level, the procedure for providing a room in a dormitory for students is not regulated . All rules are established by the administration of the university or secondary school.

This procedure for the provision of residential premises with the signature and seal of a vocational educational institution must be published on the official website of the educational organization in the public domain. If there is no such document, you can contact the reception desk (by phone or via the Internet reception desk, if available) and ask to send the document by email.

In this order the following should be written:

documents required to obtain a room;
application form;
the address to which the application should be sent;
procedure for check-in and check-out from the hostel;
requirements for housing furnishings;
procedure for compensation of losses in case of damage to property.

The room in the hostel must comply with the conditions of the Housing Code of the Russian Federation. Each student is allocated at least 6 square meters of living space. The room should have:

sleeping places (bed, sofa);
furniture necessary for studying (table and chair for each student placed in the room);
furniture necessary for living (chandelier, wardrobe or chest of drawers).

The kitchen and bathroom can be on a block consisting of several rooms, or on the floor. All legal standards that are necessary for residential premises (high-quality electrical wiring, gas, water, fire alarm and others) apply to the dormitory.

Compulsory procedure in case of refusal

The privatization of a dorm room does not always end successfully immediately after submitting documents; in some cases, the applicant has to fight for his property in court, with the exception of situations where he was refused due to a violation of the procedure for carrying out this procedure. For those who do not yet know where to start challenging the administration’s act, we advise you to check with a specialist whether the refusal was issued legally.

We will appeal the administration's decision in court:

We are waiting for a written refusal from the administration.
We draw up a statement of claim indicating the articles of law that were violated by the municipality.
We pay the state fee according to the court details in the amount of 300 rubles.
We prepare a set of necessary documents.
We send it by registered mail via Russian Post or transfer it to the office.

At the hearing, not only the evidence provided by the plaintiff will be taken into account, but also the arguments of the defendant’s lawyers, so the support of your lawyer when going to court will greatly increase the chances of success.

Long-term judicial practice shows that most of the cases considered on such issues demonstrated a violation of the law on the part of the administration. That is why, when receiving a refusal, it always makes sense to try to restore justice and defend your right to privatization.

Sources

https://kvartirniy-expert.ru/privatizaciya/municipalnoj-kvartiry/komnata-v-obshhezhitii/
https://ros-nasledstvo.ru/privatizatsiya-komnaty-v-obshhezhitii/
https://conti-moto.ru/privatizatsiya-komnaty-v-obshhezhitii/
https://urned.net/zhilishhnoe-pravo/privatizatsiya/komnaty-v-obshhezhitii.html
https://pravorzn.ru/zhilishhnye-voprosy/privatizaciya-komnaty-v-obshhezhitii/
https://pravo.guru/gilishnoe-pr/nedvigimost/kvartira/privatizacija/municipal-kv/obshhezhitie.html
https://realtyurist.ru/privatizacija/privatizacija-komnaty-v-obshhezhitii/
https://walaw.ru/nedvizhimost/privatizaciya-komnaty-v-obshchezhitii
https://myjus.ru/housing-law/privatizaciya-komnaty-v-obshhezhitii/
https://info-zhilish.ru/privatizatsiya-komnaty-v-obshhezhitii.html

Which first-year students are eligible for a place in a dormitory?

Some universities provide dormitories to all nonresident freshmen.

Those wishing to get a place in a dormitory are divided into three categories: they have the right to move in out of turn, first of all, and everyone else. Orphans, half-orphans, children from large families, students living in areas affected by the Chernobyl accident will definitely receive a hostel. By the way, a family with three or more children under the age of 18 is considered to be a large family. For example, there are three of you in a family and you are under 18 - you are a large family. But as soon as the eldest turns 18, the status of having many children is lost. All others have the right to move in subject to a difficult financial situation (TMP). It is determined based on family income per person: the closer it is to the subsistence level (256.10 BYN), the greater the chances of settling. Remember that everything needs to be documented.

Belarusian State Pedagogical University named after Maxim Tank, Belarusian State University of Physical Culture, BrSTU, Poles State University, Moscow State Unitary Enterprise and Grodno State University named after Yanka Kupala are trying to provide all needy freshmen with a place in the dormitory

Who allocates places in the dormitory?

The allocation of places in the dormitory is carried out by the commission on housing and everyday life issues of the university. It is headed by one of the vice-rectors. You will receive advice on settlement issues from the trade union committee of university students (the telephone number is on the website of the educational institution). Also, each faculty creates its own housing and welfare commissions, headed by a dean. For all questions regarding accommodation, please contact him first.

This is what the rooms look like in the new student village dormitories on Čiurlionis Street and Dzerzhinsky Avenue

What are the benefits of buying a dorm room?

The idea of buying a room in a dorm is similar to the option of a communal apartment, and you need to take into account all the “communal” subtleties. And in addition to them, it is useful to know two more features of the “dormitory” option.

First, before you buy a dorm room , you need to make sure that the status of this room is the same as that of an apartment. If this is the case, her passport will indicate her technical characteristics, and her certificate of ownership will indicate the specific living space.

Secondly, the number of co-owners of such a room simply cannot be reasonably calculated, so the chances of being able to obtain a waiver of the right of first refusal are solidly zero. And for the same reason, no banking institution will provide a mortgage for such a room.

All of the listed nuances, features and subtleties should demonstrate a simple fact: the idea of buying a room involves overcoming considerable difficulties, requires time and effort, as well as careful attention to legal details. Therefore, almost the only option to make such an acquisition without depressing consequences is to participate in the purchase process of a competent lawyer who will tell you where there may be shortcomings, where there may be fraud, and where there may be excessive risk.

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