The exchange of a privatized apartment through the court or municipal housing is a problem of problems. A lot of people want to change their apartment, and there can be a variety of reasons for this. For example, the couple decided to divorce, the child has grown up and wants to live separately, etc. What is important to know and how to win such disputes on housing issues? When does a forced exchange of living quarters occur?
ATTENTION: You can’t figure this out without consulting a lawyer on housing issues.
Is it possible to exchange?
You got on the waiting list for social (municipal) housing, collected all the necessary certificates, waited the required amount of time and finally received the coveted apartment. What to do if the place of residence provided does not live up to expectations?
The legislation of the Russian Federation does not prohibit the exchange of non-privatized municipal housing (Article 72 of the Housing Code of the Russian Federation), but registration will require a lot of effort and time.
Important! If the apartment belongs to the flexible fund, is official or specialized, its exchange is impossible before privatization.
The exchange procedure has many pitfalls - they begin with the search for a suitable option for exchange, which is also municipal housing and assumes a similar area. Obtaining the consent of all persons who live in the apartment and the landlord is also not always easy - if one of the family members refuses, you will have to go to court for a forced exchange procedure.
There are also nuances regarding counter real estate:
- The exchange of non-privatized municipal housing for non-privatized housing is available to everyone . To do this, it is necessary to select an alternative that is suitable in all respects and obtain the written consent of the landlord and all family members living on the premises.
- It is impossible to exchange non-privatized housing for privatized housing . Article 72 of the Housing Code of the Russian Federation establishes that exchange between apartments can only occur in the case of the same form of ownership.
Possible options
Option one: the apartment can be put up for sale, the proceeds can be divided among all owners and the housing issue can be resolved.
The second option is through barter. This process is similar in principle to a real estate purchase and sale transaction. The difference is that the parties sign an exchange agreement, according to which the participants exchange real estate objects.
It’s good if the desire to implement the plan is joint. But what to do if one of the owners takes a negative position, and the mutual search for compromises comes to naught?
What is the procedure for a social tenancy agreement?
If there is a need to exchange residential premises provided under a social tenancy agreement, you must prepare for a lengthy process.
Where to start?
The beginning of the exchange of municipal housing is obtaining the consent of the owner and searching for a suitable object. There are several mandatory conditions for choosing housing for exchange:
- Housing must be non-privatized.
- Living conditions should not get worse.
- The area of a suitable room is calculated based on the fact that at least 12 meters must be allocated for each resident.
Where to contact?
Searching for housing exchanges on special websites is quite difficult - there are rarely offers for municipal apartments there. To select options, you can contact the city administration, if it provides such services.
Important! If minors, incapacitated or partially capable citizens - members of the tenant's family - live in residential premises, it is required to contact the guardianship and trusteeship authorities and obtain their consent.
We will allow the exchange of social residential premises located both in the same and in different settlements on the territory of the Russian Federation.
Full list of documents
Required to submit:
- Application signed by the employer and all members of his family.
- Social tenancy agreement.
- Certificate of absence of debts to pay for accommodation.
- A certificate indicating everything registered in the apartment.
- If there are minors in the family, you will need a certificate of consent to change housing from the guardianship and trusteeship authorities.
- Applicant's passport.
Where to submit documents?
All collected consents and documents are submitted to the governing body of the municipality to which this living space belongs. There is an agreement drawn up between the tenant and the landlord independently or with the help of a lawyer. Since such an agreement is written in free form, it does not need to be certified by a notary.
Attention! A similar package of documents must be collected by the second party - those with whom the housing will be exchanged.
Cost and processing time
It is impossible to clearly indicate the period during which the transaction will take place. If all participants in the process sign an agreement to exchange, this will significantly reduce the processing time. If a trial is necessary, the process can be very lengthy. In any case, all operations will take several months.
All stages of registration are free . A fee can only be charged when the tenant contacts a lawyer, in the event of a court case in case of a forced exchange, or turns to specialists to find suitable housing.
Conclusion of an agreement
Main points in the contract:
- Date and place of document preparation.
- Document's name.
- Passports of all participants in the transaction, place of residence and registration, contact information.
- Name of the living space and data on it (cadastral number, cost, size, number of rooms, etc.).
- Name of the authorized body for the disposal of such property.
- Technical information (from BTI).
- Information about the absence of obstacles in the transaction.
- A record of acceptance of the premises in a certain condition, as well as the keys to it.
- Additional items as agreed by the parties.
- Number of copies.
- Information about the parties’ awareness of the meaning and consequences of signing the document.
- Details of the parties.
- Signatures.
Reference! An exchange agreement is taken as a sample for drawing up a contract.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
Registration of a transaction
After completing the exchange agreement, it is necessary to re-conclude a social tenancy agreement with the municipality and register with it. This service is free.
Reasons and grounds for refusal
There are situations when a tenant may be denied registration for a housing exchange:
- Lack of consent to the transaction by one of the family members. If the refusal is unlawful, then the issue is resolved through the court.
- Objects of exchange vary greatly in condition or area, which will lead to a deterioration in living conditions.
- Infringement of the rights of a minor.
- Exchange for privatized housing.
- Termination of a social tenancy agreement with one of the parties.
- Utility debts.
Required documents
To successfully complete the division process, a package of documents is collected and a statement of claim is written.
List of documents for apartment exchange:
- ID cards of those living in the apartment;
- documents that confirm ownership rights;
- statement of claim;
- certificate from the cadastral passport;
- document confirming payment of all utilities;
- certificate of personal account status;
- birth certificate of minors;
- notification of the upcoming change of guardianship authorities.
A statement of claim for the exchange of an apartment through the court must include:
- Full name of the plaintiff;
- Full name of the defendant;
- marriage or divorce certificate;
- information about children;
- length of stay in the apartment and address;
- information about the apartment: number of rooms, type, utilities;
- reasons for exchange;
- a document stating that voluntary consent was not obtained;
- options for exchange;
- request the court to exchange the apartment.
Sample statement of claim
What is a compulsory procedure?
Forced exchange of residential premises is the exchange of living space by court order between persons living in the same territory. The transaction is regulated by Art. 72 Housing Code of the Russian Federation.
Causes
The reason for the exchange and filing an application with the court may be:
- disagreement of residents or the municipality with the transaction;
- divorce;
- requirements of adults for separate living space.
The main reason for going to court is the inability to live together due to poor family relationships.
Which municipal housing can be forcibly exchanged and which cannot?
Only municipal non-privatized housing can be forcibly exchanged . In some cases, it is impossible to make a forced exchange (Article 73 of the RF Housing Code). This is due to the characteristics of the room itself:
- The apartment or house in which it is located is subject to major repairs or redevelopment in the near future.
- The housing is considered unsafe and the house is subject to demolition.
In addition to the housing assessment, the reason for refusing an exchange through the court may be the termination of a social tenancy agreement. If the municipality is going to terminate the contract soon, there can be no talk of any exchange.
Important! An exchange is impossible if as a result of it a citizen suffering from a severe chronic disease from the List moves into the residential premises.
What can you do?
A municipal apartment can only be exchanged for such types of housing that comply with:
- Standards for living space sizes.
- Sanitary standards for residential premises.
- Interests of minor children.
- Interests of citizens with disabilities and serious illnesses.
When selecting options for exchange, the main factor becomes the preservation of normal living conditions for all members of the transaction.
Trial
After filing a claim for the exchange of social housing, a lengthy legal process will begin with the participation of all parties. For each claim, its own place of consideration and trial is established. In the case of a forced exchange of municipal housing, you should apply to the court of general jurisdiction for the territorial location of the property.
To file a claim, the tenant of a social apartment will need:
- Statement of claim.
- Social tenancy agreement.
- Residents' consent to resettlement (if received).
- Consent of the municipality (if received).
- Certificate of all persons registered in the apartment.
- Certificates of absence of debts for utility services.
- Floor plans.
- Divorce certificate or other materials that explain the reason for the exchange request.
Depending on each specific case, the package of documents may be changed.
The statement of claim states:
- Name of the judicial authority.
- The title should be “Statement of Claim for the forced exchange of a non-privatized apartment.”
- Full name, address and passport details of the plaintiff.
- A short summary of the requirements with links to articles of the RF Housing Code.
- Information about other residents.
- List of attached documents.
- Date and signature.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
The state fee when going to court is 300 rubles . After submitting the application and all necessary documents to the court, a decision will be made within 30 days.
Procedure
In most cases, owners agree to exchange an apartment voluntarily. If one of them does not agree, then you need to go to court.
The procedure for exchanging an apartment through the court:
- municipal and privatized apartments are subject to exchange;
- an application is drawn up listing the reasons for the exchange;
- necessary documents are collected;
- if the exchange is carried out due to indecent behavior of one of the residents, evidence must be provided;
- At the court hearing, the judge listens to the plaintiff and defendant and makes a decision.
If one of the parties does not give its consent to resolve the problem through the courts, then the living space can be sold or rented out.
Solution of a problem
If the area of the apartment allows for an exchange by allocating a room for everyone, the court makes a positive decision. Then you can register ownership of your share of the apartment, and subsequently act at your own discretion - sell it, rent it out, exchange it, etc.
Otherwise, when the area of the apartment is too small, the rooms are walk-through and it does not seem realistic to make a natural division, the court makes a decision on the percentage division of the property. The second party must pay your share based on the cost of the apartment.
It is reasonable to implement the latter option without resorting to litigation. After all, you can agree that you will simply be paid a share, and you will leave the common territory.
Often in such cases this becomes impossible due to lack of funds. Therefore, people are forced to live in the same apartment for many years, and only the court can influence this.
There are cases when the court only recognizes the need for exchange and does not make any specific decision.
Further actions and all steps to find possible housing options, methods of exchange, and documenting ownership rights will depend only on the owners themselves.
Legal advice for defrauded shareholders:
Details
Protection of the rights of shareholders in St. Petersburg
Checking the DDU Collection of penalties Court with the developer
Lawyers and advocates for the protection of the rights of shareholders. Litigation with the developer, termination of the contractual agreement, recovery of damages, fines and penalties from the developer.
Unfinished construction
Legal advice from a lawyer in case of construction delays
Termination of DDU
Termination of DDU through court, collection of money, losses, fines
Claim against the developer
How to properly file a claim against a developer, what can you demand?
Applying for permission to exchange
It is necessary to contact the landlord to obtain his consent to exchange housing. The application is accompanied by the required set of documents. You can submit your application in person or by mail.
Upon receipt of documents, the authorized body must issue or send by mail a receipt for receipt of medical documents within 10 working days.
The landlord's decision is issued to the applicant no later than 10 working days from the date of application (clause 3 of article 74 of the Housing Code of the Russian Federation).
Risks
The main risk when exchanging an apartment is fraud . Often, apartment exchange transactions are not completed because one of the parties commits fraudulent activities. That is why it is necessary to draw up a residential premises exchange agreement.
If there is a condition for additional payment, then it is better to indicate its size and transfer rules in this agreement. In addition, today there is an opportunity to invest maternity capital. This fact must be indicated in the text of the contract.
When exchanging between relatives, it is better to also draw up an agreement to avoid possible misunderstandings.
There is a risk in the process of exchange of an apartment with registered persons who cannot be discharged. This threatens lengthy legal proceedings. In addition, obtaining housing with an encumbrance promises big troubles.
Exchange of a small privatized apartment
If an apartment is owned by several citizens, but its area is too small, in order to make an exchange in which each of the owners would receive housing, the apartment is divided through sale. A Legal Right real estate lawyer will help with all paperwork.
After the sale of the apartment, the money is divided between the owners based on the size of their shares.
The division of an apartment through sale is carried out only for a privatized apartment.
