Is it necessary to privatize a room in a communal apartment? And is it possible without the consent of the neighbors?

Find out on our website about how long free privatization in Russia has been extended, how much it will cost at the end of this period, as well as how to determine whether real estate has been privatized or not.

On the possibility of privatization

Privatization is the process of transferring real estate from common (municipal) ownership to private ownership, into the full and undivided ownership of a person or group.

Following the procedure established by law, a person can privatize both the entire property as a whole and part of it (share) , especially since in our case, the room was transferred to the citizen for rent by the municipality or other governing body.

What legal requirements exist and how to privatize a single room will be discussed below.

You can find out whether it is possible to obtain private ownership of a dorm room, cooperative or service real estate, as well as military personnel’s housing on our website.

Privatization of a room in a communal apartment: pros and cons

Is it worth undertaking this procedure at all? Of course, privatization of a separate apartment is much more profitable than rooms. But your own room still has financial weight.

And yet, before embarking on such a transaction, it is worth weighing the pros and cons:

Legislation

The privatization process is primarily based on Federal Law 1541-1, adopted in 1991.

Please note that this law does not provide for the transfer of ownership of rooms in communal apartments, that is, they could not be privatized.

But given the large volume of such housing and the dissatisfaction of citizens, in 1998 the law was amended to allow the privatization of a share (room) in both communal and any other housing.

In general, the procedure is regulated by the following legislative acts:

1. First of all, the Constitution, as the main law of the state. It establishes forms of ownership, in our case, for housing. LCD.
2. Federal Law-1541-1 “On Privatization...” FROM July 4, 1991.
3. Federal acts amending the current law “On Privatization...” Last amendment – ​​February 2021.
4. Local regulations.

Read in our articles about the procedure for deprivatization of an apartment and the statute of limitations for invalidating the privatization of living space. You can submit a sample statement of claim for recognition of the right to transfer residential premises into private ownership.

Judicial practice on refusals to privatize

To go to court you need serious reasons. When considering a case, the judge examines all the circumstances of the dispute.

M. demanded that the room be transferred to her ownership. The house in which the communal apartment is located belonged to a departmental fund.

After the bankruptcy of the enterprise, the house was transferred to the balance of the municipality. The city administration refused to formalize the privatization agreement on the grounds that there was no social rental agreement concluded with M. The plaintiff has been using the room for more than 10 years and pays utilities on time. The court ordered officials to carry out privatization.

In another example, one of the residents of a 3-room apartment appealed to the court. The local government refused to transfer the room to the plaintiff. The premises in the apartment were not allocated, the housing was not given the status of “communal”. Legislation allows the privatization of indivisible objects only as a whole. The applicant did not provide the consent (refusal) of the remaining residents to privatization. Under these circumstances, the judge sided with the municipality.

In most cases, the court satisfies the citizens' demands. However, each case has individual characteristics, so it is impossible to predict the court's decision.

Who is eligible?

has a warrant for this living space or a social tenancy agreement can obtain ownership of real estate .

The same right is granted to family members of the employer.

But, an important point. Privatization is possible only if this living space is allocated from the general composition of the apartment and this fact is recorded in the BTI (confirmed by the registration certificate for the premises).

It must have a separate exit (equipped) and be suitable for living. And one more thing... No less important. Places intended for public use are not privatized .

In other words, the rights of a citizen who has received ownership of residential premises do not apply to bathrooms and kitchens.

They are used by the owner of his own premises on a general basis. Although the Housing Code of the Russian Federation (in Art. Art. and) establishes the procedure for allocating shared ownership in housing (the owner’s share in the common household is proportional to the area of ​​his premises), in practice this requirement is impossible to fulfill .

You can learn about the rights and obligations of the owner of privatized housing and the persons registered in it, as well as what the owner of privatized housing will have to pay for out of his own pocket from our articles.

Features of privatization in communal apartments

The legislation does not provide a precise definition of a “communal apartment”. A communal apartment is a room in which several unrelated people live.

The difference between communal housing and a regular apartment is the presence of several isolated rooms and common areas.

The tenant of each premises must have a social tenancy order or agreement.

The following features of the privatization of communal services are highlighted:

1. The fact of allocation of living space is confirmed by a technical passport (issued by the BTI).
2. The social rental agreement defines the room as a room with a separate entrance.
3. Common areas are transferred to all residents as shared ownership.
4. The size of the share in the common property is determined by the area of ​​the premises.

The procedure for using the kitchen, bathroom, and toilet does not change. The Housing Code of the Russian Federation (Article 42) prohibits owners from allocating and alienating their part of common areas.

Is it necessary and why?

Everyone makes this decision themselves. Actually, in this process, in our opinion, there is only one undoubted advantage.

A person has the opportunity to dispose of real estate at his own discretion . Sell, donate, leave as an inheritance and the like.

In essence, after completing the procedure, the citizen receives a certain product with which he can carry out any commercial transactions. For example, rent out. This is where all the obvious advantages of the room end.

There are even more disadvantages . Let's note the main ones:

1. The tenant has the right to claim the vacated rooms, the owner does not.
2. When a communal apartment is moved out, the tenant receives equivalent housing (depending on the number of registered residents), and the owner receives compensation. Moreover, the latter does not include the allocated share in the general economy.
3. If all the premises in the apartment are privatized, then such housing is not subject to resettlement.
4. When a building is demolished, the owner also receives only compensation, and the tenant receives an apartment.

Where to begin?

Room under social lease agreement

Citizens in need of improved housing conditions and who are unable to resolve the issue of purchasing property on their own are provided with social housing. Premises are provided from the state or municipal housing stock on the basis of indefinite residence in it, subject to the fulfillment of the obligations assigned to the tenants.

Getting public housing is not easy. To do this, you must have a low level of income that does not allow you to take out a mortgage or buy real estate in any other way. All those in need are put on a special queue and, whenever possible, they are provided with free social housing.

When issuing premises, it is taken into account whether the person in need has a family. There are established space standards that must be provided for one person, a family of two, three or more members. A citizen who applies for municipal housing alone can get a room in a communal apartment. Now communal apartments are being successfully dismantled and replaced with separate small-sized apartments, but many people still huddle in small rooms, using a common kitchen, bathroom and toilet.

How to proceed?

First of all, you need to decide:

1. Where to contact?
2. What documents should I prepare?
3. How much does the procedure cost (fees and other expenses)?
4. Deadlines.

The most reliable option, in our opinion, is to contact the office in person.

You can, of course, express your desire to own a room at the MFC or entrust the procedure to an organization that specializes in this.

You just need to take into account that both the MFC and any other organization other than the bureau are intermediaries. Moreover, in the latter case, the cost will increase , since the intermediary organization will charge a fee for its services.

After we decide for ourselves with whom we will cooperate, we need to prepare a package of documents .

Required documents

The package includes:

1. Technical passport for the premises. They register it at the BTI.
2. Personal documents of each resident (passports, birth certificates, marriage certificates, if there were deceased, then death certificates).
3. Certificate on the number of persons registered in the residential premises. It is registered in the management company or house management.
4. Personal statements from each resident who wishes to privatize their living space or refuse privatization. The last document is certified by a notary.
5. Social tenancy order or agreement.
6. Certificate of absence of debt on utility bills.
7. Documentary confirmation (certificate) that this premises has not previously been privatized. This document is issued by the bureau.
8. If someone has already privatized housing, then it is necessary to provide a certificate of this.
9. If a person, for some reason, cannot personally take part in the procedure, then he issues a power of attorney, notarized, to his representative.

Each participant must personally visit the office and complete or submit an application for participation or refusal. If it is impossible to do this, a power of attorney is issued to the person representing his interests.

The prepared documents are submitted to the bureau or organization whose services you decide to use to register property rights.

Important nuances you should know about

Privatization is a complex and responsible procedure. Sometimes, during the process, the future owner has to deal with various situations.

With ignorance of the laws and competent actions, many pitfalls become an insurmountable obstacle to obtaining the coveted paper.

When the neighbors are against it

A communal apartment is a large apartment, where each room has a separate owner, and occupancy there occurs on the basis of a warrant or a rental agreement concluded with the municipality.

When clarifying whether it is possible to privatize a room in a communal apartment without the consent of the neighbors, you need to understand that the remaining neighboring residents do not have any rights to the privatized square meters. Therefore, you should not be nervous if one of your neighbors opposes privatization.

Neighbors in a communal apartment have nothing to do with other people's rooms . When carrying out privatization, mandatory consent is not required from them.

But a few years ago the situation was different. In the period 1991-1998. According to the current law (Federal Law No. 1541-1), privatization was impossible without the knowledge of the neighbors in the communal apartment; the consent of all residents without exception was required.

In 1999 the legislation was revised. From now on, there is no need to obtain neighbors’ consent to privatize a room.

Having a child

Often, minors also take part in the process of transferring property rights. According to the norms of the current Federal Law No. 1541-1 (Article 11), each child participating in the process is entitled to a certain share in the privatized room.

Moreover, even if the minor is not registered in this living space, the parents are required by law to allocate a share to him . These issues are regulated by the OOP (Guardianship and Trusteeship Authorities).

If you register a room as your property without taking into account the presence of a minor, the court will invalidate the transaction.

The initiator of the trial can be either one of the parents or guardianship representatives. You need to understand that the court will always meet the child halfway and restore their rights.

The result of the court hearing may be either recognition of the illegality of the transaction, or the inclusion of the child in the agreement, and the allocation of a mandatory share to him.

Existing utility debts

One of the most difficult problems that can arise when privatizing a room. Considering that when submitting a package of documentation, a certificate from the BTI is required, it becomes extremely difficult for the debtor to obtain such a paper.

Almost always he is refused registration. But will a ban on privatization be legal if there are existing debts for housing and communal services?

The current Russian legislation in 2021 does not specifically regulate such a situation as a basis for prohibiting a transaction. And, therefore, it is possible.

If the applicant was refused precisely for this reason, it is worth trying to negotiate . For example, by offering a restructuring of existing debt, or by asking for a deferment of repayment of the entire debt.

There is another option - to request the necessary certificate by going to court. But in this case, there is a high probability of encountering a counterclaim from the housing department demanding repayment of the existing debt. Therefore, it is better not to take the situation to an extreme.

Terms and cost of registration

The law sets a period of two months.

The state duty will be 2000 rubles . The remaining payments depend on the region in which the apartment is located, so we will not be able to withdraw the amount.

As a guide, we can say that a certificate of non-participation in the procedure earlier costs about 200 rubles.

It is issued either in the BTI or in the State Register.

A registration certificate costs from 800 rubles. Notary services vary by region of the country.

Well, and the services of an intermediary. It is possible that some documents will have to be restored or changed . Therefore, it is impossible to say in advance what pleasure will result in.

By the way. The highest costs for the procedure are in the capital.

Registration of transfer of ownership

With the contract in hand, the tenant is obliged to go to the local branch of Rosreestr (it is often colloquially referred to as the Registration Chamber) and there submit a new application to register the transfer of ownership. Without this, all his previous actions will not make any sense, because according to the law in Russia, all rights and all real estate transactions must be entered into the Unified State Register of Real Estate - a register that indicates who owns each object and what other rights are included in the register. does anyone have any regard for him? Without registration in the Unified State Register of Real Estate, the room cannot be sold or bequeathed - and, in fact, from a legal point of view, it will not be considered to belong to the citizen at all.

Attention: it is not at all necessary to contact the Rosreestr department itself - you can register the transfer of ownership of the room through the MFC. It's much faster and more convenient.

For registration you will need 2 main documents:

• room transfer agreement;
• a receipt from the bank confirming payment of the state fee (without this registration will not be carried out) in the amount of 2000 rubles.

Perhaps the registrar specialist will require you to bring some additional documents.

After registration is completed, the happy owner will receive an extract from the Unified State Register of Real Estate. From now on, he can consider himself the rightful owner of the room.

Failure Cases

Privatization may be refused:

1. Incorrectly completed documents.
2. Incomplete package.
3. The documents contain false information.
4. The premises do not meet the requirements stated above.
5. The apartment is not recognized as a communal apartment in accordance with the established procedure, but is such in fact.

In this case, they first privatize it entirely, and only then allocate the shares of each owner.

Special cases

Some apartments did not become communal apartments immediately , but during the process of using them for their intended purpose.
Such premises include those that were initially common , and in the process of moving in and out of tenants they began to be used as communal apartments.

People who are complete strangers to each other live in such apartments .

A sign of such premises is the presence of one social tenancy agreement. Such an apartment cannot be considered communal, and it is impossible to privatize a separate room in it.

However, there is a way out of this situation, although solving the problem will require time and sufficient investment of effort. To privatize a room in an apartment you need to do the following:

1. Obtain consent from residents and municipal authorities to allocate a share in the form of a separate room. The consent looks like a share allocation agreement drawn up by a lawyer.
2. technical documents at the BTI .
3. Draw up a separate rental agreement with local authorities and privatize the room according to it.

, the initial privatization of the entire apartment is most often required and only after this the allocation of a share in it.