What is the difference between the status of a share and the status of a share in a communal apartment or a dormitory...

October 7, 2021

The term “communal apartment” arose in Russia after 1917, but this principle of settlement was known at the beginning of the 17th century. Apartment owners fenced off “corners” and rented them out to visitors. Several families lived in the apartment; they shared a kitchen and toilet. This led to the fact that in St. Petersburg, at that time Petrograd, on the eve of 1917, most of the apartments on the outskirts were communal, after which objects in the central part of the city were added, workers began to be housed in rich houses.

Definition of a communal apartment according to the Housing Code of the Russian Federation

There is no clear formulation of this term in the legislation. It refers to a structurally separate living space located in an apartment building. It consists of several residential and non-residential premises. In such a territory live people who are not related to each other. Everyone is considered a shared owner or tenant of the room. Article number 41 of the Housing Code explains what a communal apartment is. Definition by law: this is an apartment inhabited by several families. The room allocated for them to sleep and rest is their personal property. And the kitchen and bathroom are considered public. This gives rise to special standards for the conduct of common life.

Several families live in a communal apartment at the same time

Is it legal to buy an apartment in a dormitory and how not to end up with nothing?

The cost of a room in a communal apartment or dormitory is much less compared to full-fledged separate housing, and if you correctly fill out the required documents in this case, you can get a good amount of space. But the legal side of the matter will be literally exhausting: in order to obtain permission to purchase and find a truly legal object, it will take a lot of effort and time.

Preliminary agreements – creating a favorable legal environment for the purchase

The main condition is that the purchased room must be privatized, but it is not at all necessary that the hostel as a whole or the entire communal apartment be privatized.

If the choice falls on a privatized communal apartment, you can buy a room in it only if none of the neighbors claims it.

The fact is that legislative norms provide for the so-called first priority rule.

It lies in the fact that when the owner of space in a communal apartment wants to sell this real estate, the neighbors can buy it first.

An outsider can enter into a transaction only if the neighbors have written a notarized refusal to purchase. If you try to purchase real estate in circumvention of this rule, neighbors may go to court and force the deal to be annulled.

What to do if the property is not privatized?

If a potential buyer decides to pay attention to a privatized room, which is part of a non-privatized communal apartment or dormitory, the legal registration of the sale and purchase will be complicated.

In this case, the property owners will be the city authorities, and all issues regarding the transaction will have to be resolved with them, naturally, after receiving the appropriate permission from the neighbors.

Thus, the Kashirskoe hostel or any other, theoretically, may well be a good option for purchasing budget housing, but you will have to be patient - this deal cannot be finalized quickly.

Advice!

There is another, not at all common, option, and its legality is still the subject of debate - the acquisition of non-privatized space in a non-privatized communal apartment.

In principle, it can be purchased from the local city administration, but in order for the newly-minted owner to have the right to sell or exchange it in the future, the room will need to be privatized, which also leads to additional time and financial costs.

Is it possible to take out a mortgage to buy a room?

There is a minimal range of bank mortgage programs here; the buyer has practically nothing to choose from. Financial institutions are already reluctant to issue such loans, and if the housing has poor-quality communications, wooden floors and lacks the required amenities, the mortgage will most likely be denied.

In this case, many people take out non-targeted loans secured by property, and this method is acceptable if there is another movable or immovable object that is of interest to the bank, but you need to keep in mind that the interest on the loan will be extortionate. If the hostel was once a service building, you need to make sure that it has been transferred to the residential category, and find out if the property has any encumbrances or restrictions.

The legal side of the transaction to purchase a room in a communal apartment or hostel, unfortunately, has not yet been fully thought out by the legislator; the process is complex and labor-intensive. Provided that, in principle, the decision of purchase and sale formalities falls on the shoulders of the seller, the buyer will still have to carefully double-check all the documents provided - it is better to entrust this to an experienced lawyer.

Source: https://www.stroyservice.ru/2014/zakonna_li_pokupka_kvartiry_v_obwezhitii_i_kak_ne_ostatsya_s_nosom/

Rules for living in a communal apartment

Their peculiarity is that each tenant has the right to have complete control over only his own room. He can rent it out or temporarily register unauthorized persons on it. It is allowed to invite guests to a shared apartment who will be able to use public property. All residents of the square meters have the right to exploit it equally. But the concept of a communal apartment implies that it is impossible to modify these premises without the consent of other owners . Since they are equal shareholders of this property.

If repairs are required, the decision is made jointly. In this case, cash costs are distributed based on the shares of each tenant. Public areas belong to all neighbors equally.

Common property in a communal apartment

Such a living space is equipped not only with living space, but also with additional premises. They belong to collective use areas that provide for the needs of household members. It is permissible to force them into furniture and repairs. However, any redevelopment of these areas must be agreed upon with neighbors. This is due to the fact that these parts of the apartment have the status of common ones. They belong to the residents on the basis of shared ownership. Similar household items include:

• corridors;
• toilet;
• kitchen;
• bathroom;
• hallway;
• change house.

It is permissible to combine these objects: to increase the kitchen space due to the footage of the corridor. Then you will need to obtain the consent of all household members, collect a package of documentation and take it to the local self-government unit to obtain permission for redevelopment. But there are restrictions that apply to common areas. It is prohibited to sell your share only of the public part, reserving the residential area. It is also unacceptable to allocate one's share of public premises. This is explained by the fact that such space is not subject to state registration, and therefore does not fully belong to the tenant. Privatization of public areas of communal apartments is also impossible.

Residents can use the common area together

Features of accommodation, prices

The law allows owners and tenants to live in apartments. To rent out housing to a citizen of the Russian Federation, you do not need the consent of the other residents of the apartment. To accommodate a person without registration (foreign citizen), a special agreement must be concluded. The owner can provide registration after receiving the consent of everyone registered in the given area. A guest without registration has no right to stay for more than 3 days.

A citizen who comes from any region of the Russian Federation or another country can live in a dormitory for workers. To check into a hostel, a Russian needs only a passport; foreigners are required to register. Many people choose to live in communal apartments, since most of the facilities are located in the central part of the city, there are no problems with transport, a developed trading network, and many social and entertainment facilities. For living in a communal apartment you can pay approximately 12,000–12,500 rubles in the summer, more in winter, heat supply is added.

Accommodation in a hostel in St. Petersburg costs from 150 rubles. per day, no need to worry about washing bed linen or cleaning common areas. A dormitory is a convenient option for accommodating a work crew; it will not be possible to find a communal room to accommodate 20 or more people; the rest of the neighbors will not allow this.

kitchen in workers' dormitory

Cooperation with allows employers who attract shift workers to rent inexpensive and comfortable housing in the desired area: Petrogradsky, Central, Primorsky, Moscow, Kirovsky, Nevsky. The rooms accommodate from 1 to 10 people, each room has bunk beds, wardrobes for storing clothes, tables, chairs, and TVs. In the common areas of the establishment there are kitchens equipped with appliances and utensils. Daily cleaning, change of bed linen, and a sufficient number of shower rooms will make your stay comfortable. We provide registration to foreign citizens.

Differences from the hostel

Both types of housing involve strangers living together on the same territory. Everyone owns a living space. All neighbors use the rest of the space equally. At the same time, the rules of living in a communal apartment are set by its residents. They themselves draw up a cleaning schedule and standards for using the public area. And the standards of behavior in the hostel are usually regulated by the commandant. There are other differences between these types of real estate.

The main difference between a hostel and a communal apartment is its intended purpose. Communal services are provided to citizens by decision of the authorities, regardless of the place of work and status of the people. Such objects can be located in any part of the city. And places in dormitories are distributed according to the production principle. Those who work at the same enterprise and study at the same educational institution are settled there. For this reason, such real estate is located near a university or place of work. This is a temporary shelter that cannot be made your own. But with a communal apartment, this option is possible.

A dormitory differs from a communal apartment in a number of ways

About the hostels

19.09.2012

Dormitories belong to the specialized housing stock and have a certain legal status and distinctive features. Regarding the norms and procedures for the provision of residential premises, there are some shortcomings of the legislator. Let's consider proposals for eliminating them.

Definition of legislator

Dormitories belong to the specialized housing stock. In Chapter 10 of Section IV of the Housing Code of the Russian Federation, for the first time at the federal level, comprehensive legal regulation of the regime for the provision of seven types of specialized residential premises and their use was introduced, one of which is dormitories. According to E.S.

Filippova, residential premises in dormitories are specialized residential premises intended for short-term residence of citizens who have settled in connection with work in an organization or study in an educational institution to which the dormitory belongs. A similar point of view is shared by legal scholars A.P. Sergeeva, E.I. Kubankina, V.V. Pavlenko et al.

——————————— Filippova E.S. Housing law: Textbook for universities. M., 2007. S. 113 - 114.

Kubankina E.I., Pavlenko V.V. Housing law: Textbook. M.: Publishing and trading corporation "Dashkov and K", 2006. pp. 58 - 60.

Attention!

A.A. Batyaev believes that “the specialized housing stock is intended for the residence of certain categories of citizens; residential premises in it are allocated from the state and municipal housing stock.” ———————————

On topic: How to pay for MTS services with a bank card

Batyaev A.A. Housing law: Textbook. M.: Omega-L, 2008. P. 42.

It is worth emphasizing the one-sidedness inherent in the characteristics of hostels defined by legal scholars in the legal literature. In our opinion, the provision of specialized residential premises is carried out not only in order to satisfy the housing needs of citizen-tenants, but also contributes to the creation of appropriate conditions for the performance of labor (official) duties and study.

Features of the legal regime

The legal regime of residential premises located in dormitories has a number of significant features. Firstly, according to Art. 92 of the Housing Code of the Russian Federation, residential premises of state and municipal housing funds are used as specialized residential premises, including dormitories.

Thus, the owners of the hostel should always be a municipal, state authority or a state or municipal institution, a unitary enterprise that owns this object with the right of economic management or operational management. This conclusion is also shared by L.V. Salnikova.

———————————

Salnikova L.V. Housing problems and ways to solve them. M.: GrossMedia: ROSBUKH, 2007. P. 150.

Secondly, in accordance with Art. 94 of the Housing Code of the Russian Federation, living space for living in dormitories is provided to citizens only temporarily - for the period of work (service) or training at enterprises, institutions and organizations. A.A. Titov in this case about. ———————————

Titov A.A. Housing law of the Russian Federation: Textbook. M.: Yurayt-Izdat, 2008.

Thirdly, according to the requirements of Art. 99 of the Housing Code of the Russian Federation, specialized residential premises, including dormitories, are provided to citizens who are not provided with residential premises in the corresponding locality. The Code does not provide any other grounds for the provision of residential premises in a dormitory.

Finally, taking into account the strict purpose of the specialized housing stock, it can be noted that a restrictive legal regime has been established for dormitories. These residential premises, according to Art.

92 of the Housing Code of the Russian Federation are not subject to alienation, transfer to lease, or rental, with the exception of the transfer of such premises under lease agreements provided for in Section IV of the Housing Code of the Russian Federation.

However, this restriction does not apply to non-residential premises located in specialized residential buildings - dormitories, and transactions with them are possible in the general manner provided for by the current legislation of the Russian Federation.

Otherwise, it is necessary legislatively, in order to avoid cases of commercial use of non-residential premises, to make appropriate adjustments to the norms of housing law, namely in paragraph 3 of Art.

92 of the Housing Code of the Russian Federation, eliminating the condition limiting transactions only with residential premises, and extending them to any premises, including non-residential ones.

Size and type of room

Article 105 of the Housing Code of the Russian Federation establishes the minimum size of living space provided in dormitories - at least six square meters of living space per person.

Thus, the Code does not provide for the mandatory provision of separate residential premises to families (in contrast to service residential premises, which are provided to citizens in accordance with Article 104 of the Housing Code of the Russian Federation in the form of a separate apartment).

The possibility of providing the tenant and his family members with a separate isolated living space in the hostel is preserved only in the standard rental agreement for residential premises in the hostel, approved by Decree of the Government of the Russian Federation of January 26, 2006 N 42. This is noted by A.A.

Important!

Titov: “In Article 105 of the Housing Code of the Russian Federation there is no indication (as in previous legislation) that hostels should be occupied by single citizens, and families should be provided with isolated living quarters, i.e. rooms." I.A. Eremichev, P.V.

Alexia also expressed an unequivocal opinion on this issue: “As we see, the legislator does not give a clear definition of who should occupy the hostels. But at the same time, families should be provided with separate, isolated living quarters, i.e. rooms. Single citizens accommodated in dormitories must be provided with living space of at least six square meters per person.” ———————————

Eremichev I.A., Alexia P.V. Housing Law: Textbook for university students studying in specialty 021100 “Jurisprudence”. M.: UNITY-DANA, Law and Law, 2007. P. 53.

At the same time, clause 5 of the Resolution of the Council of Ministers of the RSFSR dated August 11, 1988 N 328 provides for the creation of hostels for single citizens, as well as for families (mostly young), which, however, by virtue of clause 8 of Art. 5 of the RF Housing Code does not provide a full guarantee of the possibility of using this norm.

“The specified Regulations must be applied taking into account the norms provided for by the Housing Code of the Russian Federation,” A.A. also notes in this case. Titov. According to G.F. Sheshko, “...The Housing Code does not provide for the presence of family dormitories.

At the same time, the instruction on the application of the rules of Article 69 of the Housing Code of the Russian Federation to hostels allows us to talk about a certain regulation of issues in relation to family hostels.” ———————————

Sheshko G.F. Residential premises of specialized housing stock. Provision, use, eviction // Housing law. 2006. N 1. P. 16 - 27.

Yu.K. Tolstoy, in turn, divides hostels into two types: for families and for singles.

At the same time, he and the legislator “considered it sufficient to indicate that isolated living quarters in a dormitory can be provided to the tenant and members of his family. It turns out that if the tenant does not have such family members, then the tenant may not be provided with isolated living quarters.” ———————————

Advice!

Tolstoy Yu.K. Soviet housing legislation. L.: Leningrad University Publishing House, 1974. P. 72.

Scientists V.A. Baranov, V.V. Gushchin, L.S. Kurganov speak in their works about the pattern of providing hostels primarily to single citizens. ———————————

Baranov V.A., Gushchin V.V., Kurganova L.S. Housing law of the Russian Federation: Textbook for universities. M.: Norma, 2006. P. 91.

Sanitary standards

Source: https://www.sudmos.ru/articles/vladenie/polzovanie_374.html

How to privatize a room in a communal apartment

Most of these objects are listed as municipal property. For people to live in, they are provided by the authorities under a social tenancy agreement. To transfer this property into full ownership of the tenant, you will need to perform a number of actions . First, you need to contact the housing department of the municipality with a corresponding request. The authorized representative of the government agency will need to provide a package of documents:

• statement;
• registration certificate;
• social rental agreement;
• move-in warrant;
• an extract confirming that the room is not privatized;
• information on the number of persons living in the living space;
• a paper from the management company stating that there are no debts on utility bills;
• ID cards or birth certificates.

After processing the results, a decision will be made within two months: consent or refusal of privatization. In the latter case, it is permissible to go to court to resolve the dispute. After the request is granted, an agreement is drawn up indicating the transfer of ownership rights. With the paper, the newly-minted owner goes to Rosreestr and registers his authority for the registered property. Upon completion of registration, he receives a certificate and becomes the full owner of the residential premises. All residents who decide to move into communal housing will have to undergo this procedure. As soon as everyone privatizes their square meters, the entire living space is allowed to be sold.

Communal apartments have a number of features. As a rule, they are aimed not at one, but several families. In them, isolated rooms are the private space of each resident. The owner can dispose of it at his own discretion. From photos posted on the Internet, it can be seen that a small space can be divided into areas for sleeping, relaxing, eating, storing clothes and belongings, turning it into a mini-apartment. The remaining area in such a dwelling is considered collective. All residents use it, and the issue of its reconstruction is decided jointly.

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Archive of questions / Communal apartment, dormitory

/ 11/04/2016 Question:

I have 2 dorm rooms. I received them at different times. There is a warrant for one of the rooms, and only a social tenancy agreement for the other. I combined the rooms. The city administration offers me one room (for which there is a warrant) to privatize, and leave the other on social rent or buy it out. What should I do?

Eduard Shalin

Answer:

Submit an application to the administration for the privatization of two rooms. If the administration refuses in writing to transfer to you the privatization of one of the rooms, then you can appeal the actions of the administration, or recognize your ownership of two rooms in court.

/ 27/01/2016

Question:

Question. In 1992, he privatized a room in a communal apartment, it was assigned No. 1, and only the address is indicated in the passport. Do I need to change the entry in my passport? Should I also indicate the room number there?

Duty expert

Answer:

Important!

Answer. Yes, if you wish, you can contact the Federal Migration Service of Russia with a registration application indicating the room number.

Source: https://www.ppl.nnov.ru/questions/20

How to turn an apartment into a communal apartment?

Author of the question: Subbotin I. Created: 12/22/21

The next step on how to make an apartment communal is to contact the organization on whose balance sheet the house is located. Here, all co-owners need to provide documents confirming the division of the apartment, ownership, as well as identification documents and fill out an application for the division of a common personal account for payment of utilities. After the documents and certificates have been received and you have made the apartment communal, and the housing department employees have divided the personal account, each co-owner must install separate electricity meters for each room

Answered by: Egorov K. 12/24/21