Privatization of a dorm room: difficult, but possible

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Having your own living space is the dream of many Russian families. Privatizing a dorm room allows you to become the owner of a separate living space with all amenities. Someone may notice that it is better to own a separate home - at least a one-room apartment. But to do this, you need to conclude a social rental agreement for an apartment, and not everyone can do this. Moreover, living in a hostel is often very profitable in terms of utility costs.

The question arises, how to privatize a dorm room? Let's understand all the intricacies, consider step-by-step instructions and the question of how much such a step costs.

Is it possible to privatize a dorm room?

Housing legislation does not stand still - just recently the authorities prohibited the privatization of dorm rooms. But with the introduction of amendments, registration was allowed. Nowadays you can find many hostels for the following purposes: the building belongs to the municipality, and the rooms are owned by the resident families.

Turning to Art. 4 of Federal Law No. 1541-I “On Privatization...”, it can be noted that dormitories are excluded from the list of privatization objects. However, there are important exceptions.

In what cases can you privatize a dorm room:

1. The building is on the balance sheet of the municipality, i.e. is considered a multi-apartment residential building.
2. Residents occupy a room in a dormitory under a social rental agreement - the basis for the privatization of housing.
3. The room is an isolated room with a separate entrance and load-bearing walls.

The law prohibits the privatization of parts of residential premises, for example, only the kitchen or bathroom. The situation with hostels is simpler: residents have the right to privatize a separate room. The corridor, passageways, common kitchens and bathrooms remain the property of the municipality. Residents can use them under the same conditions.

Reasons for privatization

Why do people strive to privatize residential premises? Different opinions on this matter still excite the minds of the population of our country. Everyone pursues their own benefit. Let's look at the privatization of a dorm room using the example of the pros and cons of the deal.

Positive points:

• acquiring your own living space - from now on the room in the dormitory belongs to the family, therefore, they have separate housing;
• the ability to carry out legal transactions with real estate: sell, bequeath to heirs, donate, pledge against a bank loan, etc.;
• free purchase of housing - privatization is considered a free procedure, because You won't have to pay to buy the room.

Living in public housing does not give you any rights to a dorm room. Residents will not be able to dispose of their living space. Not to mention that the authorities can evict them from the room at any time. But at the same time, residents of the hostel do not incur expenses for major repairs, and most importantly, do not pay property taxes.

Having become the owner of the room, the family will have to pay additional fees . Many people cannot afford this, so they abandon the idea of ​​privatization.

How to privatize a dorm room?

Let's imagine that residents have expressed a desire to transfer a room in a dormitory into their own property. What do I need to do? First of all, check the status of the property. If the hostel belongs to the department or is on the balance of the state, the transaction will be refused. Privatization is available only for municipal property.

Order, stages

Where to begin?

First of all, you need to figure out who will be responsible for paperwork? If it is more convenient for you to entrust the procedure to a third party, you will need to draw up a power of attorney and have it certified by a notary. If all actions are performed independently, a power of attorney is not needed.

Stages of privatization of a dorm room in 2021:

1. Hold a meeting of the room's residents.
2. Find out who agrees to privatization and who will write a refusal.
3. Prepare documents.
4. Submit an application to the local government's community relations department.
5. Sign the contract for the transfer of the room.
6. Register with the Rosreestr branch.
7. Get an extract from the Unified State Register of Real Estate (see “What does a document on privatization of an apartment look like”).

Having completed the registration of ownership, residents become the owners of the room. The previous social tenancy agreement is cancelled.

Procedure

Let's move on to consider detailed instructions on how to privatize a room in a dorm.

Basic steps:

The first thing to do is determine the status of housing. It is allowed to transfer only municipal objects into ownership. Look at the receipt for payment of housing and communal services - the owner of the house is indicated there, and in the expenses column there should be an item “under a social tenancy agreement”. If you see such records, it means the hostel is classified as a municipal housing stock.

The second thing that future owners have to do is agree on the main issues of privatization. If there is only one person living in the room, there will not be any particular difficulties. But if there are several residents, you need to obtain the consent/refusal of each of them. Moreover, the refusal is certified by a notary.

Next , you should prepare documents and contact the housing department of the municipality. Employees will provide a certificate stating that the hostel does not belong to the official housing stock. All participants in the procedure, including minor children, will have to visit the administration. At the reception, applications for the privatization of a dorm room are drawn up.

The next step will be the conclusion of an agreement on the transfer of housing into the ownership of citizens. The agreement is signed by both parties: on the one hand, a representative of the government authority, on the other, the employer and his family members.

The final stage will be the registration of property rights in Rosreestr. It is more convenient to submit an application through the State Budgetary Institution “My Documents” - this simplifies the review. Registrars will enter the data into the register and issue an extract from the Unified State Register of Real Estate - a document indicating the registration of ownership of a residential property.

Documentation

We recommend preparing documents in advance - in the case of privatization, you need the following package:

• passports and birth certificates;
• extract from the Unified State Register of Real Estate – replaces the cadastral passport and certificate of non-participation in privatization;
• a social tenancy agreement or a warrant for moving into a residential premises;
• an extract from the personal account of the room tenant;
• extract from the house register - replaces the certificate of family composition;
• application for privatization of a dorm room.

Additionally you may need:

• general power of attorney with a notary mark;
• a copy of the passport or passport details of the authorized representative;
• permission from the guardianship authorities or the court - in case of participation of persons with limited legal capacity or incapacitated persons;
• marriage certificate - if the room becomes the joint property of the spouses;
• notarized refusal to privatize the premises.

The collected package of documents is submitted in two versions: one to the municipality, the second to Rosreestr. It is advisable to have copies of all documents in case the originals are lost or copies are requested from registrars.

Price

Design work and registration in the register of rights are considered paid. The applicant pays the costs of receiving documents, coordinating departments, requests to government agencies, preparing extracts, etc.

What you will have to spend on:

1. Restoration of title documents – up to 4,000 rubles.
2. Production of a technical passport – up to 2,500 rubles.
3. The state fee for issuing an extract from the Unified State Register is 2,000 rubles.
4. Requesting certificates from Rosreestr – from 300 to 1000 rubles.
5. Certification of powers of attorney - from 200 to 1000 rubles - ordinary; up to 4,000 rubles – general (Article 333.24 of the Tax Code of the Russian Federation).
6. Notarized refusal of privatization – up to 1,000 rubles.

How much does it cost on average to privatize? You can read about this in more detail in the article, “How much does it cost to privatize an apartment?”

Deadlines

Don't count on getting your dorm room ready quickly. Privatization is considered a rather lengthy procedure - on average it takes from 2 to 4 months. If the premises are not transferred to the status of a municipal facility, the period may be longer.

Advantages and disadvantages

As soon as housing receives privatized status, the owner will be able to evaluate all the advantages and disadvantages of this situation. First, it’s worth talking about the positive aspects:

• the tenant receives ownership of the premises, the citizen can carry out repair work there and equip the premises to his liking;
• The owner can dispose of his property, for example, rent it out or sell it altogether, in addition, transfer the housing as an inheritance or donate it.

The main disadvantages include the fact that a person is removed from the queue for housing based on social status. By law, this is necessary if the citizen already has housing.

Can they refuse? Grounds.

Many people are faced with a refusal to privatize a dorm room. Is this possible and what are the reasons for such failures?

There are several reasons :

• the hostel belongs to departments or a special fund (for example, the Ministry of Defense of the Russian Federation);
• lack of documents, their improper execution;
• the room was subject to unauthorized redevelopment;
• the applicant did not provide a receipt for payment of the state fee;
• transmission of false, invalid or expired documents;
• housing was withdrawn from privatization.

There may be other reasons for refusal. Having received a negative answer, you need to analyze whether the refusal is justified? If not, read on to find out how to solve the problem and how much such a procedure costs.

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.

Read on our website about the cost of paid privatization.

What to do if refused?

There are two types of refusals: justified and unjustified. In the first case, it is necessary to eliminate the violations and resubmit the application. For example, provide the missing documents, pay the state fee... If the refusal is made unreasonably, the truth can only be achieved through the court, especially since the law is on the side of the employers.

Procedure

The privatization of a dorm room through the court has a specific goal - to achieve the right to transfer the object into private ownership. The basis for going to court will be the authorities’ refusal to grant such a right.

Procedure:

1. Submit a written request to the Housing Department.
2. Receive an official refusal to privatize (indicating the reason).
3. Draw up a statement of claim for recognition of the rights to privatize a room in a hostel.
4. Submit the claim to the court office.
5. Attend court hearings and justify your position.
6. Obtain a court writ of execution.
7. Register ownership at the Rosreestr branch.

Participation in court hearings is a complex and responsible undertaking. Independent defense may result in losing the case. Therefore, in such cases, it is advisable to consult with housing lawyers. Experts will tell you how to file a claim, what to include in the application, and what evidence is needed. Legal advice will be useful when protecting your rights in court.

Procedure

Consideration of cases on recognition of the right to privatization has its own specifics. According to the rules of jurisdiction, such issues are addressed to city and district courts.

Courts pay attention to the following details:

• What is the status of the room? Residential property or non-residential premises? There are cases when people live in non-residential dorm rooms. For example, due to a lack of available residential premises. If the room is suitable for living, then it must be recognized as residential.
• How many people are involved in privatization? Privatization is available only if all residents of the room give their answer: consent or refusal.
• Is there a social tenancy agreement? If there is an agreement, the decision is made immediately; if there is no agreement, it will be necessary to confirm that the family actually has the right to privatization.

The statement of claim may contain one or two demands. Usually they ask to recognize the right to privatization. But there are many requests in which families asked to oblige the authorities to enter into an agreement to privatize the room.

Question: Hello!

We are asking you this question: I, my husband and our minor daughter lived in a hostel. The building belonged to the department, but over time became the property of the municipality. We have entered into a social rental agreement. Now we are going to privatize the room, but we are refused due to the fact that our daughter was not present when the contract was signed. What to do in such a situation? Can I sue?

Lawyer's response:

Good afternoon

According to the Federal Law “On Privatization...”, all residents of the premises participate in signing the contract. If one of them refuses, you need to draw up a notarized refusal. The rest must be present when signing the privatization agreement - without their signature, the transaction will not be considered legally valid. Housing department representatives have the right to refuse you. It will not be possible to challenge their actions in court, because... they do not violate the current regulations. If you are privatizing a room for three family members, we recommend that you all visit the housing authority office together. You will also need your minor daughter's birth certificate.

Timing and cost

The main type of expenses that plaintiffs bear is the payment of state fees. Now it is 3,00 rubles – claims of a non-property nature . You can pay the fee either at the courthouse or at the bank.

We discussed approximate cost calculations in the article “How much does land privatization cost?”

The period for consideration of cases on recognition of the right to privatize a room in a hostel is from 2 months or longer. The total time depends on the complexity of the case, the stated requirements, the position of the parties and the workload of the court. Consequently, the privatization period will increase to 4-5 months .

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Plaintiff: _____________________________________

resident: _____________________________________

tel.:_______________________________________

Defendant: Administration of the ____________________ municipal district of the ______________________ region

address: ______________________________________