Is it possible to privatize a room in a hostel and under what conditions - room privatization documents cost and registration

The privatization procedure includes differences depending on the object that is to be transferred to private ownership. Current legislation provides for several types of property: state, municipal and private. This characteristic determines the peculiarities of the procedure.

Privatization of a room in a hostel is a legally complex procedure, which is based on the specific legal status of the hostel. The procedure is regulated by the Housing and Civil Codes of the Russian Federation, Federal Laws No. 122 of July 21, 1997, No. 189 of December 29, 2004 and No. 1541–1 of July 4, 1991, as amended in 2017.

The complexity of the procedure requires knowledge of legal norms. It will take quite a lot of time to resolve all the issues, and paperwork will follow. At certain stages, the assistance of a lawyer may be necessary.

Is it possible to privatize a dorm room?

Many citizens, due to poor financial security, are forced to live in real estate that belongs to the state or municipality. A hostel is an affordable option as it requires minimal financial outlay. Families living in them for a long time can apply for registration of ownership of the room.

The current legislation of the Russian Federation contains an open ban on the privatization of rooms in a hostel (Federal Law No. 1541–1, Article 4).

However, there are exceptions to circumvent the ban:

ownership rights to the hostel were transferred to the municipality, and the building acquired the status of multi-apartment residential real estate;
object of interest - the room is not a walk-through room, privatization is available only for isolated premises;
a social rental agreement has been signed;
the object is considered a separate property (it is not disputed or in common ownership with other residents).

Thus, the new legislation made it possible to register ownership of a dorm room. And also a legal mechanism for its implementation was developed. This allowed families to legally own residential and non-residential premises in the property in question. This requires a step-by-step registration procedure.

Social tenancy agreement

A transaction that allows citizens to obtain the use of residential premises on preferential terms is called social rent. The conditions and procedure for concluding an agreement are regulated by the Housing Code of the Russian Federation.

Such an agreement confirms that the owner has legally obtained the dorm room at his disposal. It also provides grounds for its privatization in the future.

To conclude a social rental agreement, you need to contact the city administration.

The procedure requires the provision of the following documents:

a certificate containing data on family composition;
documents that confirm the identity of each family member;
a decision confirming the allocation of housing by the municipality;
documentary evidence of the state of the personal cash account;
an extract from the house register;
a certificate confirming the absence of other residential property.

When the place of residence was provided by the place of work, it is necessary to additionally submit a copy of the work record book. Do not forget, if possible, to take written notice from the tenant about the provision of the room.

Important! All services provided for drawing up a social contract. hires are free and do not require financial investment from the employer.

The subject of the agreement must necessarily be separate property. Common areas and those that are accessible cannot be rented.

The following items are required:

what type of residential property is provided (in a particular case, a room);
size and location of the object;
an inventory of the room and the property contained in it.

As soon as the package of documents is collected and submitted to the appropriate authority, you will need to wait. The case is considered within 30 calendar days, and this period cannot be exceeded.

Upon expiration, the employer receives a response. If it is positive, you will be given a contract. Next, you can deal with issues that relate to the privatization of the premises.

The RF Housing Code provides for the indefinite validity of such agreements (Article 60). Therefore, it does not specify an end date.

However, it can be terminated early, which is provided in connection with specific violations on the part of the employer. The reason may be other conditions (according to the Housing Code of the Russian Federation).

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.

It's time to find out what documents are needed to privatize a hostel.

Requirements for residential premises for privatization according to the law

As soon as a citizen receives a social tenancy agreement, he has the legal right to begin the procedure for privatizing a room in a hostel. Housing legislation establishes requirements that allow the process of registering property rights to be carried out.

In addition to the exceptions already listed above in Federal Law No. 1541–1 Art. 4, the following conditions must be met:

the building was on the balance sheet of the city housing stock or organization;
the dormitory must be residential and used exclusively for living;
The privatized premises have residential status.

It should be taken into account that not all premises can be transferred to private ownership. The reason may be the requirements specified in legal acts (Federal Law No. 1541–4, Article 4).

If one of the prescribed conditions is not met, the applicant will be refused. A citizen has the right to appeal it in court. However, there is a chance of success only if there is an unreasonable refusal.

Why and is it necessary?

Whether it is necessary to privatize rooms in a hostel is decided by each owner independently. The privatization procedure is not mandatory. Residents decide this issue at their own discretion.

The privatization of such residential space has pros and cons. A serious and significant disadvantage is the fact that by registering ownership of this housing, a citizen no longer has the opportunity to receive assistance from the state (for example, to receive an apartment as part of state support).

The advantages include:

the ability to manage the room at your discretion (you can rent, sell, inherit or donate);
It’s always nice to have personal space and your own “corner” that you can decorate to your taste.

Who has the right to carry out privatization

Federal Law No. 1541–1 regulates the conditions for the privatization of residential premises that are part of the housing stock of the state or municipality. The procedure is a free transfer of them to the disposal of citizens of the Russian Federation exclusively on a voluntary basis.

According to Art. No. 2 of this regulatory legal act, privatization can be carried out by:

citizens who have a social contract in their hands. hiring;
persons under 18 years of age with the consent of all persons who have the rights to privatize this object (who have reached the age of majority and are in the age limit from 14 to 18 years);
heirs of the person who submitted the statement of intent to privatize.

Children who have lost their parents but legally reside in the premises may also wish to register ownership rights with the consent of their guardians.

Package of documents

To privatize a room, the tenant must fill out an application. To design it, you can use a regular sheet of office paper.

The text should indicate the following:

Landlord's name. In this case it will be the local authority.
Employer details – last name, first name, patronymic, place of residence, passport details and telephone number for contacts.
Information about the privatization object - location, total area.
Consent of other registrants.
The request itself for the transfer of ownership.
List of attached documents and certificates.
Date, month and year of registration and signature of the employer.

The application must be accompanied by originals or certified copies of the passport, birth certificates of minor residents, and the rental agreement.

General procedure for privatization of housing in a hostel

The registration procedure is carried out in accordance with generally established regulations.

If a person has grounds for privatization, the following steps must be taken:

Check and confirm the status of the object you are going to privatize. The room must be in a dormitory that belongs to the housing stock of the municipality. The status can be determined at the city administration. Such data can be provided by the company that maintains the property where your room is located.
Sign a social contract hiring The significant significance of this point is described above.
Make payments on all existing utility bills. This should be done as soon as possible, since debts may be a reason for refusal of privatization.
Collecting a package of documents necessary for the procedure. The list can be clarified with authorized persons of the city administration or with a lawyer. Below is a required list.
Submit the documents to the branch of the authorized regional government body.
If a decision is made that will allow registration of property rights, you will need to contact Rosreestr. This is the last step and will take the least time.

It is required to strictly follow the order and fulfill all conditions. Otherwise, privatization may be refused by the authorized body. And this will give rise to litigation, which will only delay the matter.

Required documents

To fulfill one of the basic requirements of the procedure, you will need to collect a number of documents. The paperwork includes a mandatory list and an optional one.

In the second case, they will be required during the process of registering ownership. They are requested by the authority in order to study all the facts of the case in order to make a decision.

List of required documents
№	Name	Provided by	In any form
1.	An application created in accordance with the form and certified by an authorized person in the housing and communal services	Applicant	Original
2.	Passport of a citizen of the Russian Federation or other identity document (for children, birth certificate)	The applicant, including details of all family members	Copies
3.	Social tenancy agreement	Employer	Copy and original
4.	Certificate confirming the absence of previously privatized property	BTI	Original
5.	Technical passport for the room (plan)	BTI	Original and copy
6.	Extract from the house register, which contains personal account information	Housing and communal services	Copy
7.	Certificate certifying the absence of housing for all participants in the privatization procedure	ERGP	Original
8.	Written refusal to privatize persons who live in the room but are not interested in the procedure	Notarized	Original
9.	A check confirming the fact of payment of the state duty	Financial institution (bank or other structure)	Original
List of additional documents
1.	Power of attorney for a representative	Certified by a notary	Original
2.	Passport or other document that confirms identity	Confidant	Copy
3.	The decision of the judicial authority to recognize the employer as partially or completely incompetent	Court	Original
4.	Documented consent for privatization if a minor is registered in the room	Guardianship authorities	Original
5.	Document on the conclusion or dissolution of marriage	Copy

You will need to submit documents in person. If this is not possible, this is done by mail or in electronic format.

Deadlines

Before you start registering ownership of a dorm room, you will need to take into account the time it takes to complete it. If a citizen does not have a social security agreement in hand. hiring, then its registration takes a month.

This will be followed directly by the privatization itself, which only takes one calendar month. It should be taken into account that in some cases this time period can increase to 1.5–2 months.

In addition, do not forget about the time it will take to collect documents. Some certificates have a validity period, which you need to pay attention to. In addition, a lot of time will be spent visiting all the structures that issue certificates.

Price

According to the norms of the current Civil Code of the Russian Federation, the procedure for transferring residential premises to the disposal of citizens is free of charge. At the same time, at the stage of preparing the necessary information and documents for consideration, certain costs may be required from the interested party.

To know how much it costs to privatize a dorm room , you need to take into account the following expenses:

from 900 rub. – technical passport (plan) of the room;
from 200 rub. – cadastral passport;
500 rub. – state fee when submitting an application;
1 thousand rub. – registration of property rights in Rosreestr;
2000 rub. – state duty on privatization.

The price for certain services may vary, which makes it difficult to determine exactly how much money will be spent on the procedure.

In this case, there may be costs for certification of documents in a notary office. In this case, the cost will be regulated by the Tax Code of the Russian Federation.

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.

And finally, we will tell you about the status of the hostel after privatization.

Reasons for refusal

It is not always possible to obtain the opportunity to register the right to dispose of a dorm room at your own discretion. When considering the submitted documents, the assembled commission has the right to refuse the application.

There may be one or several reasons. But it should be noted that the conditions must be legally justified. In addition, the applicant is given a corresponding document.

The following legal grounds for refusal are provided:

the hostel in which the room is located is in disrepair;
the building belongs to the federal housing fund;
location of the dormitory within the military camp;
the object of privatization is a premises for service purposes;
the room is part of the social fund. protection.

Another significant reason for refusal is illegal redevelopment. If this was carried out without the knowledge and consent of the authorized administrative body.

In addition, if the fact of unauthorized redevelopment is discovered, the citizen will have to pay penalties. However, it will be possible to return to solving the privatization issue only after the work carried out in the room has been legitimized. You can get around this by returning the room to its original appearance.

If the submitted documents do not meet the specified requirements, the application will also be rejected. In this case, the procedure can be resumed.

Can they refuse?

Quite often, refusals occur during the privatization process; in each such case, we are talking about a specific reason; the most common are:

the hostel belongs to a special fund (for example, it belongs to the Ministry of Defense of the Russian Federation);
there are not enough documents;
illegal remodeling was discovered in the room;
the state duty has not been paid or a payment receipt has not been provided;
Invalid or expired documents were discovered.

The reasons for refusal may be different - but if you receive a negative answer, do not despair. In many cases, the problem can be eliminated, documents can be added, new certificates can be obtained, or the redevelopment can be legalized.

When is it necessary to go to court?

In addition to legal grounds for refusal, there may also be manipulations by local authorities.

Property owners can take the following steps:

Buy a room.
Offer to move.
Purposefully delays the transfer of property to the balance sheet of the municipality.
Refuse to sign a social rental agreement.

All these actions are illegal and create obstacles to the exercise of citizens' rights in relation to housing. The only correct solution would be to privatize the hostel through the court , which can be done directly by the employers.

Dorm status after the procedure

As soon as a citizen receives a privatization agreement, it is necessary to register the received property in accordance with the established rules.

Completing the procedure requires completing registration actions in the following ways:

submit documents to the Rosreestr department;
contact the MFC (Multifunctional Center);
fill out an application on the government services website.

If the form is filled out online, you can pick up the registered documents at the MFC. The event takes about nine days. If you need to speed up the procedure a little, it is better to contact Rosreestr, where it takes two less days to complete the task.