Exchange of non-privatized apartment, housing

Many citizens are concerned about the legal issue of exchanging state or municipal housing. Since there are also apartments occupied in accordance with a social tenancy agreement. Is it possible to exchange a non-privatized apartment today - a pressing question for many Russians. In Russian law enforcement practice there is such a possibility. Let's find out in more detail about how to exchange a non-privatized apartment in 2021, what steps you need to go through to carry out an exchange and what may interfere with such a procedure.

Is it possible to exchange a non-privatized apartment for a privatized one?

Operations for the exchange of municipally owned housing are regulated by the norms of the Housing Code of the Russian Federation and Federal Law No. 1541-1 “On Privatization...”.

According to the law, it is possible to exchange non-privatized real estate, but not all and not always. So, for example, according to Article 81 of the Housing Code of the Russian Federation, tenants can write a statement to the owner with a request to provide them with housing of a smaller area. In this case, privatization is not necessary.

If, however, you do not want to lose square meters and have already found a suitable privatized exchange option, all that remains is to negotiate with the owner of the second apartment to wait until your privatization is completed. After which there will be no obstacles to concluding an exchange agreement, and you will be able to conclude a deal.

The nuances of exchanging non-privatized housing:

when exchanging a municipal apartment for a municipal one, registration of property rights is not required;
the consent of all registered residents is required to complete the transaction;
tenants of both apartments must notify local authorities about the transaction;
the contract is drawn up in writing;
exchange of non-privatized housing is always free of charge.

The owner, that is, the local administration, may refuse the tenants to complete the transaction. In this case, you will have to either look for another municipal apartment or initiate the privatization procedure. After which you no longer need to obtain permission to exchange from the administration of the locality.

Difficulties

When exchanging an apartment for a non-privatized one, difficulties may arise. It is not possible to exchange an apartment for a privatized one at all.

Without the consent of those registered

The exchange of non-privatized apartments is possible only with the permission of all citizens registered in them. In all other situations, you should go to court to evict the dissenting citizen.

If one is against

There are cases when one of the residents is against exchanging non-privatized square meters (except for minors). Even if one citizen has the opposite opinion about changing living quarters, then the only solution here is judicial protection - the person who disagrees will have to be evicted from the apartment.

Exchange of an apartment with debts

It is impossible to exchange non-privatized living space if there is arrears in paying utility bills. Even if you resort to the popular method - deregister and register at a new address in the same city or another, then the debts will not allow the citizen and his family members to be discharged from social housing.

Exchange during divorce

Exchanging a non-privatized apartment becomes a big problem for former spouses. It is impossible to exchange housing after a divorce in the same way as it is impossible to exchange apartments through the court. The entire area remains the property of the municipality or the state, since the apartment was issued to a certain person, the ex-spouse loses the right to be in it.

Who can I exchange housing with?

Options for exchanging non-privatized housing:

Between relatives. Popularly, this procedure is called “kinship exchange.” The transaction is made between relatives, on trust. In this case, non-privatized housing can be exchanged for both non-privatized and privatized housing. For example, a grandmother moves from her apartment to a municipal one, and her grandson and his family move to a privatized one.
Between tenants of municipal housing. The transaction is possible only if all residents on both sides agree to it, and the consent of the owner is obtained.
Between the employer and the state. Returning the apartment back to the state in exchange for housing of a smaller area. Such cases are extremely rare, but still occur. For example, when employers have a difficult financial situation and want to reduce rent costs.

All these types of transactions have one thing in common - the idea of exchange came to the minds of the employers. But there are cases when the state confronts residents of municipal apartments with a fait accompli. For example, the house is in disrepair and will soon be moved to new comfortable housing.

Methods for dividing an apartment between owners

Despite the impossibility of allocating shares and actually dividing a non-privatized apartment between several people, there are still a couple of options for how one property can be distributed among several potential owners.

Exchange

This, on the one hand, is the most logical and understandable option, and on the other hand, the most unrealistic. Its essence is that residents independently look for similar housing suitable for exchange. Next, an additional agreement is concluded to terminate the lease of existing property and new lease of new housing, based on the number of residents.

Example : The Kuznetsov family lives in a non-privatized two-room apartment with the wife’s parents. They want to live separately and offer to exchange one two-room apartment for two one-room apartments. One of them will go to the married couple, the other to the wife’s parents.

Unfortunately, the amount of non-privatized housing in the country is extremely limited and most of it has already been distributed among families. As a result, choosing a suitable property so that it is not only suitable for exchange, but also available is almost impossible.

Privatization

This is already a more accessible, although more expensive option. If in the first case the problem lies in the search for suitable housing and the family does not bear the actual expenses, then in the case of privatization, you will have to pay a round sum (based on the terms of the contract). Immediately after privatization, the apartment becomes private property. When registering such real estate, it is recommended to immediately divide it into shares according to the number of new owners, so as not to pay twice for making changes to the register.

When is exchange not possible?

Cases prohibiting transactions for the exchange of municipal housing are listed in Article 73 of the Housing Code.

The administration will definitely not allow the exchange if:

one of the tenants does not have a social tenancy agreement and at this stage legal proceedings are underway for the forced eviction of the tenant;
the apartment is not suitable for living;
the house in which the housing is located is subject to demolition or seized for state (municipal) needs;
a major renovation of the building with redevelopment of residential premises is planned;
after the exchange, a citizen who suffers from a severe form of a chronic disease will begin to live in a communal apartment.

Example. Citizen Braiko V.S. is a retired military personnel and a tenant in a service apartment received from the Ministry of Defense. The man decided to move for permanent residence to another region and began to look for a good option for exchanging official housing for social housing. A week later, non-privatized housing was found in another city, the parties discussed all the terms of the deal and applied for permission. Each to his own administration. Braiko’s transaction was refused because the owner of his home is the Ministry of Defense. A repeated attempt to obtain permission from the military housing authorities also failed. In an explanation for the refusal, the department clarified that the apartment was issued to Braiko for his service. It is a service property, which means it cannot be exchanged or privatized. As a result, the move had to be canceled indefinitely.

What does the legislation say?

When exchanging non-privatized residential premises, you must first of all be guided by the Housing Code (LC) of the Russian Federation. In Art. Art. 72 – 75 this document specifies under what conditions the exchange may take place. In this case, you need to remember the following:

There should be no change in the legal status of the apartment during the exchange. Legal exchange can only take place between two non-privatized residential premises.
An exchange is possible only with the consent of the owner of the premises - usually the local government body to which the apartment belongs.
To exchange, it is necessary to obtain the consent of all persons registered in the residential premises.

In addition to the Housing Code of the Russian Federation, one must also be guided by the norms of the Civil Code of the Russian Federation, which determine the status of ownership of municipal property, including residential premises.

Finally, in cases where minor members of the tenants’ families are registered in one or both apartments undergoing the exchange procedure, the norms of the Federal Law “On Guardianship and Trusteeship” must also be taken into account. In this case, you will have to obtain not only the consent of the body managing municipal housing, but also the local guardianship authority, which must ensure that the interests of minors are not violated as a result of the exchange.

Important! It must be remembered that in addition to federal legislation, the rules of regional and local regulations may be applied during exchange.

This is due to the fact that the specific procedure for disposing of municipal property and the powers of the relevant authorities are assigned precisely at the grassroots level.

How to exchange a non-privatized apartment

Exchange of municipal housing is not a simple procedure. Of the total housing stock in the Russian Federation, only 20% of apartments are municipally owned. Therefore, the selection of a suitable option usually takes a long time, because you not only need to find an apartment, but also negotiate a deal with its tenant.

Procedure

To exchange municipal housing for municipal housing, you must proceed as follows:

we obtain consent for the exchange of all residents;
we find a suitable option;
we come to an agreement with the employer;
obtain permission for the transaction from the local administration;
we wait until the other party resolves issues with the administration;
preparing a package of documents;
we conclude an exchange agreement between municipal real estate objects;
we coordinate the deal with the local administration;
we terminate the existing social tenancy agreement and enter into a new one.

Registration of property rights in Rosreestr when it comes to non-privatized housing is not required.

Procedure

The procedure for exchanging non-privatized apartments has some nuances:

Support for all family members who are permanently registered in a municipal apartment is a mandatory condition of the deal. Including those who were temporarily deregistered: military personnel, convicts, students.
The tenant's consent to the transaction must be certified by a notary.
If minors live in the apartment, the transaction must be agreed upon with the guardianship and trusteeship authorities.
The signing of the exchange agreement must be carried out in the presence of both parties. The document is the basis for canceling old social employment contracts and concluding new ones. The procedure must be completed within ten days.

Required documents

In order to exchange non-privatized housing, the following documents are required:

statements to the administration from all residents;
extended extract from the house/apartment register;
social rental agreement;
passports or birth certificates of participants;
permission from the guardianship and trusteeship authorities (if children are involved in the transaction);
extract from the Unified State Register of Real Estate;
technical passport for housing;
technical passport for the housing to which you plan to move;
power of attorney (if his authorized representative acts on behalf of the employer).

Statement

The document must contain:

Full name and passport details of the applicant;
Full name and passport details of the tenant of the second apartment;
addresses and technical characteristics of both properties;
name and number of the title document for housing;
the reason for the exchange;
information about all persons living in the apartment;
a list of all attached documents;
date of compilation and signature.

Expenses

Some decide to exchange non-privatized housing in order to cleverly evade paying taxes. A transaction in which exclusively municipal housing is involved is not subject to any taxes or fees.

The only expenses that employers may incur are related to payment for real estate, notary and legal services (according to the price list) and some certificates. So for an extract from the Unified State Register you will have to pay 300 rubles, and for a technical passport - from 900 rubles or more.

Deadlines

Most of the time when exchanging housing is spent on finding a suitable option. This procedure can drag on for several months, or even end in failure. Consideration of citizens' appeals is carried out by the local administration within a month. If the verdict is positive, you can begin to prepare an exchange agreement and complete the transaction. How long this will take will depend on you.

If the exchange was unreasonably refused by the authorities, you will have to appeal the decision in court. And that's at least two more months. Therefore, be patient, enlist qualified legal support and begin drawing up a statement of claim.

Terms and cost of registration

It is difficult to name the exact timing of registration from start to finish, since everything depends on the presence of litigation and the speed of granting permits from various persons and authorities.

Definitely, the process will last for several months, since just the search for suitable living space can be lengthy.

All exchange processes take place. The parties can draw up the agreement on their own; obtaining all approvals does not require material costs.

Additional costs may arise in connection with the involvement of a lawyer in the process or going to court, where the payment of a state fee for consideration of the claim will be required.

In addition, if suitable real estate is found with the help of the administration department, then a set amount will have to be paid for this.

Refusal to exchange

When exchanging non-privatized housing, you should act exclusively within the framework of existing legislation. If the procedure is violated, the transaction will be denied to you.

You definitely won’t be able to exchange your home if:

it will be proven that the transaction is fictitious;
housing is located in a closed military camp;
the living conditions of one of the parties will deteriorate significantly after the move.

Refusal to exchange municipal housing is made by the local administration in writing. In addition to the decision itself, the document must contain its detailed justification. If tenants do not agree with the owner’s verdict, they have the right to seek judicial protection of their violated rights.

How to secure a transaction?

The real estate market has always attracted and attracts scammers who, by the nature of their activities, can easily ingratiate themselves into trust. To protect yourself and not be left without a roof over your head, try to adhere to the following rules:

If the transaction involves financial transactions, you should not transfer money from hand to hand. It is better to rent a safe deposit box for these purposes. By securing the transaction in this way, you will be sure that the other party will receive the money only after fulfilling all the terms of the agreement. This is especially true for exchanges of privatized housing with surcharges.
Carefully review your future apartment before signing any documents or leaving a deposit. Make sure that the square meters correspond to the declared ones, that the house is not dilapidated, and especially not in disrepair. Meet your neighbors, explore the infrastructure. And only if you are satisfied with everything, you can proceed with the transaction.
If the exchange takes place between council housing tenants, remember that no one has the right to demand any money from you. Such transactions are always free of charge. If it is proven that the employers unofficially made financial settlements among themselves, the exchange agreement will be canceled in court.

Sources

https://kvartirgid.ru/privatizatsiya/mozhno-li-razmenyat-neprivatizirovannuyu.html
https://brosalin.ru/obmen-neprivatizirovannoj-kvartiry/
https://law-divorce.ru/obmen-neprivatizirovannoj-kvartiry-zhilya/
https://ros-nasledstvo.ru/obmen-neprivatizirovannoj-kvartiry-zhilya/
https://ros-nasledstvo.ru/kak-pravilno-razdelit-neprivatizirovannuyu-kvartiru-mezhdu-rodstvennikami/
https://ipotekaved.ru/privatizaciya/mozhno-li-razmenyat-neprivatizirovannuyu-kvartiru.html
https://nsovetnik.ru/privatizaciya/mozhno_li_i_kak_razmenyat_neprivatizirovannuyu_kvartiru/
https://allo-urist.com/obmen-neprivatizirovannoj-kvartiry-zhilya/

A little history

Until the beginning of March 2010, the law provided citizens with the opportunity to deprivatize residential premises, subject to the following conditions:

If the apartment belongs to a person by right of ownership;
If the housing is free of obligations, for example, it is not provided as collateral, it is not seized.

Now, of course, you can try to achieve the deprivatization of the apartment, citing the fact that the person was mistaken about the nature of this transaction, but it is almost impossible to prove this in court.

Certificate from guardianship authorities

In addition, if minor children, persons with limited legal capacity or incompetent persons are registered in the apartment that will be exchanged, it is necessary to provide the consent of the guardianship authorities in writing. It is worth noting that obtaining a document concerning a minor child is quite difficult. Moreover, the child must be discharged from his current apartment, and this operation can only be performed if he is immediately registered in another residential area. The second place of registration should not be inferior to the previous one. Otherwise, it will not be possible to discharge the child and it will simply be impossible to obtain a certificate from the guardianship authorities.

If one of the residents is against the exchange, then in this case everything is decided by the court.

A special housing commission created under the municipality reviews the application for exchange and makes a decision. A negative decision can be challenged in court.

Finding the right option

So, to the question whether it is possible to exchange a non-privatized apartment, we received an affirmative answer. Now you should start looking for a replacement. It is worth noting right away that this procedure is not as simple as it might seem, because not every apartment owner will want to make this kind of exchange.

Those who have already searched for a counter option may note that this is quite a troublesome matter. A very good way out of the situation would be to find relatives or friends who also have non-privatized housing and agree to exchange. But such people are not so easy to find, and often you have to put a lot of effort into finding a suitable option for exchange.

This option is the most acceptable; there are significantly fewer problems with documents, and relatives are more willing to change living quarters than strangers.

Selection of housing for exchange

In order for the exchange of non-privatized housing for a similar one to take place, the new apartment must meet the following requirements:

have non-privatized status;
conditions must be better or similar;
the standard for providing living space must comply with local laws (often at least 12 meters per person).

The tenant of an apartment for exchange must also have the consent of all residents, as well as all the necessary documents.

Apartment exchange agreement

An agreement on the exchange of residential premises is concluded in writing directly between tenants, but its preparation is impossible without the participation of apartment owners. The agreement form must contain the following points:

Name of the form.
Date and place of compilation.
Information about employers who are parties to participation - full name, date of birth, registration address, passport details.
Data on the living space occupied by Party 1 and Party 2 at the time of conclusion of the agreement. Here is an indication of when, by whom and where the decision was made to move citizens into municipal housing, as well as the number and date of the conclusion of the social tenancy agreement.
Addresses of apartments, indicating their number of floors, square footage, number of rooms and other nuances.

After describing the real estate exchanged, it is necessary to indicate in the contract that:

Residents in one and the other premises are registered by name.
The parties are satisfied with the condition of the apartments and have no complaints.
The capacity of the parties to the transaction is beyond doubt.
The handover of keys and documentation took place.

The document is drawn up in triplicate - one form for each party. It is signed by all participants and certified by the owner. After concluding an exchange agreement, within ten days the parties must terminate the old social rental agreements and enter into new ones.

Obtaining consent

Article 74 of the Housing Code of the Russian Federation stipulates that the exchange of one non-privatized property for another is possible only with the consent of the owner of the living space. If the owners of the exchanged apartments are different, then the consent of both will be required.

It is extremely difficult to exchange a non-privatized apartment. When performing the procedure, it should be taken into account that the choice of options is extremely scarce; today there are few such premises, only 15-20%. Before contacting the owner, you should obtain the consent of the residents living in the apartment, which is also a rather difficult task. Of all this, the easiest step is to obtain the consent of the municipality.

The owner of a non-privatized apartment can refuse only in those cases that are listed in Article 73 of the Housing Code of the Russian Federation. If the exchanged living space does not fall under any of the prescribed clauses, then the owner will not be able to refuse to satisfy the requirements. A refusal given contrary to the law may be appealed in court.

The owner gives consent in writing, after reviewing the agreement concluded between the two exchanging parties.

If it comes to court

What to do in this case? Contact a lawyer. looking for the truth in such a difficult issue as the forced exchange of residential premises under a social tenancy agreement .

The average person cannot see or is completely unaware of numerous nuances that can fatally affect the course of a case, but a qualified specialist in housing law can handle them.

The defense lawyer will not only help with drawing up the application and selecting the evidence base, but will also represent your interests during the proceedings , and will also tell you how to implement the judge’s decision in practice.

The statement of claim is drawn up in the number of copies based on the number of participants in the process. It is filed with the district court of general jurisdiction at the location of the responding party. The claim is written in any form, but must include the following data:

full name of the judicial department to which you are complaining;
passport information of the applicant/respondent;
apartment status;
information about minors or incapacitated participants;
Why can't we live together anymore?
how did you want to settle the issue before the trial (what exchange options were offered and why were they rejected by the defendant?);
details of the permitting document from the board of trustees;
requirement;
date, signature;
list of attached documents.

In addition to the application itself, you will need the following documents :

documented consent of the landlord;
a document authorizing exchange between cities;
permission from the guardianship authority;
copy of personal account;
written consent of family members;
technical certificates and plans of the apartments to be exchanged;
pre-trial correspondence;
document from the registry office on family composition;
state duty receipt;
identification documents of all persons involved.

How long the court will take to decide depends on many factors. The decision will indicate “to exchange living space,” as well as information about who is moving in where.

You must apply for a permit to the board of trustees by writing a corresponding application, as well as providing plans for the proposed resettlement.

This is not empty paperwork - the state must know that dependent citizens will not be disadvantaged in their housing conditions . The wait for the document is two weeks.

Exchange in court

It should be mentioned that only a non-privatized apartment can be subject to forced division - the property of citizens cannot be forcibly exchanged. To carry out this procedure, the citizen who filed the claim should find alternative housing options.

By the way, forced exchange is quite rare, since it is usually disadvantageous to any of the participants in the process. Citizens who interfere with the exchange are not allowed to select housing options. Consequently, they can only move to where the court decides. This is also disadvantageous for the plaintiff himself - the trial may drag on, so it is difficult to find an employer willing to wait until the trial is over.

What documents are needed to exchange social housing?

When wondering how to exchange a state apartment, you need to understand the list of documents for concluding a transaction:

application for exchange of living space, drawn up according to the form;
lease contract;
permission to exchange if it is a departmental apartment or house;
extract from the migration service;
confirmation of family composition with an extract from the house register;
apartment plan;
a certificate confirming the sanitary and technical condition of the facility;
approval of the guardianship or guardianship authorities.