Do you need your own square meters, or how to privatize a dorm room

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Published: September 10, 2016

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Our country has a huge number of hostels, and it is not surprising that many citizens still live in them. A pressing issue for such people is the possibility of obtaining ownership rights to a room in these residential premises.

Today, the privatization of residential premises in hostels is legal, however, the presence of some disagreements in the legislative framework requires consideration of all the features of this privatization, so that a person who wants to take ownership rights can overcome all the legal subtleties and achieve his goal.

The article will discuss all the nuances that are worth paying attention to during the process of privatizing a dorm room.

• Who has the right to privatization?
• Requirements established by law for the privatization of a residential property
• List of required documents
• Availability of redevelopment
• Transfer of ownership
• Price
• Is it possible to privatize the adjacent dorm room?
• If you are refused...

Is it possible to privatize a dorm room?

The question of the possibility of privatization of such real estate is quite controversial. On the one hand, in accordance with Article 4 of Law No. 1541-1, privatization is impossible. On the other hand, if we take Article 7 of the RF Housing Code as a basis, it is still possible to obtain such an object in your own. But only if certain conditions are met.

Prerequisites

Article 4 of Law No. 1541-1 states that it is impossible to privatize residential premises located in dormitories. And in Article 7 of the Housing Code of the Russian Federation there is a note that rooms in dormitories are subject to rules common to all, but only on the condition that the buildings themselves where the housing is located are transferred to the jurisdiction of the municipality. Thus, privatization will be possible if:

• The building was transferred to the balance of the local administration.
• The residents entered into a social rental agreement.
• The room is a separate living space, equipped with load-bearing walls and having a separate entrance.

Even under such conditions, there are still premises that cannot be privatized: a kitchen, a bathroom, a shower room, and so on. In general, any premises that are common to everyone in the hostel. At the same time, residents of privatized rooms retain their rights to use them on the same basis and to the same extent as everyone else.

Availability of redevelopment

The fact of remodeling a room must be formalized in accordance with the law, otherwise it may become an obstacle to the privatization of a residential property.

Redevelopment is considered legal only if there is permission for redevelopment, obtaining which requires collecting the necessary package of documents.

Package of documents required to obtain permission to remodel a room:

• originals or notarized copies of title documents for residential premises;
• written consent from all family members for redevelopment;
• a copy of the room plan and explication of the BTI;
• project for the upcoming redevelopment of the room;
• a conclusion received from the authorities for the protection of architectural, historical and cultural monuments on the possibility of allowing the reconstruction of residential premises, if they are located in a building of cultural value.

After obtaining permission and carrying out all work, it is necessary to hand over the redevelopment object in the prescribed manner.

The completion of the redevelopment of the room should be completed by the drawing up of an act by the acceptance committee. Typically, the composition of such a commission is appointed by the head of the municipality; it may include heads of departments of the local administration.

The drawn up act is sent by the head of the commission to the organization responsible for accounting for real estate (BTI). The redevelopment carried out in the room requires entering data on actual changes into the technical passport of this residential property.

Legally carried out and executed redevelopment allows you to begin further actions to privatize the room.

Reasons for privatization

What is the reason to privatize a dorm room? Everything is quite simple: residents who have not registered ownership rights do not have the opportunity to do anything with the property in principle. They cannot sell it, remodel it (even if this is quite difficult in small rooms), pass it on by inheritance, rent it out, and so on.

Thus, in order to get all the listed opportunities, residents must go for privatization. Yes, this is not the easiest and fastest procedure, and it also involves certain costs (although it is considered free). However, the end result is worth it.

Example : Let’s assume that members of his family lived with a tenant who entered into a social rental agreement, but were not officially registered in the premises. If he dies, the room will go to the municipality and, as a result, will be transferred to another tenant. Of course, he will not be interested in living with complete strangers and they will have to move out, because they have no rights to the room. In the case of privatization of real estate, the room is inherited on a general basis and becomes the property of family members as first-line heirs.

Requirements established by law for the privatization of a residential property

Privatization is possible if:

• the hostel building is included in the register of municipal property and does not belong to the number of buildings from the special purpose housing stock;
• before being transferred to the municipality, the building was owned by a state or municipal enterprise;
• the hostel is used for its intended purpose, that is, citizens live in it;
• The room you occupy in the hostel must have the status of residential premises assigned to it; conversion of the room into non-residential premises is excluded.

If you find it difficult to answer point by point, you can always contact the district administration, which will provide you with reliable information about the legal status of the building in which your dormitory is located.

If all points are met, you can safely begin preparing documents for privatization.

Advantages and disadvantages of privatization

What are the pros and cons of privatizing a dorm room? They are identical to those that arise when privatizing an apartment or any other similar property:

Most often, residents of dorm rooms pay special attention to the opportunity to sell their housing or pledge it as collateral. Rooms of this type are not the most successful type of real estate. And while it is still suitable for students or single people, married couples want their own apartment or house. By selling a room in a dorm or pledging it to a bank, you can get the necessary amount to realize your dream.

Price issue

How much does the procedure for privatizing a dorm room in Russia cost as of 2021? Few citizens know . But according to Federal Law No. 33-FZ, the privatization of any housing in the Russian Federation is free, but citizens can exercise the right of free privatization only once (except in cases where minor children participated in privatization. Then, upon reaching 18 years of age, an adult citizen has the right privatize housing again).

How to privatize a dorm room

Let's take as a basis the fact that the hostel in which the room planned for privatization is located has been transferred to the balance of the municipality. In all other cases, it will not be possible to obtain housing ownership.

If the building is not transferred to the ownership of the municipality, then it is actually the private property of the university, factory or any other organization to which it belongs. It is impossible to privatize private property, otherwise any tenant could take away the apartment from its owners absolutely free of charge.

Order, stages

Where to start privatization? The first step is to find out the most important point: on whose balance sheet the building is listed. And, as mentioned above, only if the building belongs to the municipality does it make sense to take further actions. Otherwise, privatization will simply be refused.

1. Obtain consent for privatization from all residents registered in this room (if there are any). This should even include children 14 years of age and older.
2. If one of the residents does not agree to participate in the procedure, he can write a refusal to participate in privatization.

Such a refusal implies a complete loss of the rights of this person to the part of the real estate assigned to him. If a person categorically disagrees with privatization itself (does not want to participate in it, but does not agree to write a refusal), then all that remains is to negotiate and convince him. There are no other options. If this is not done, privatization will be refused.

1. Prepare all the necessary documents (see below for more details).
2. Submit an application to the local municipality or the “My Documents” branch (formerly MFC).
3. Sign the privatization agreement.
4. Register ownership in Rosreestr.

Once residents become owners of a dorm room, they can dispose of the property in any legal way. There are no restrictions on the length of residence or other problems associated with the fact that this property was previously owned by the municipality.

Procedure

The easiest way to determine the current owner of the house (and, as a result, of this apartment) is to look at this information in the utility bill. If the municipality is indicated there, you can move on. If there is some other enterprise/factory/university/company, then you will first have to wait until the premises are transferred to the balance of the administration of the locality.

Next, you need to immediately discuss the situation with other residents of the room (not the entire dormitory, but only this room). Usually it is enough to clearly explain all the advantages of privatization and consent will be obtained.

If a person has already participated in privatization before or fundamentally does not want to deal with this issue (at the same time he agrees to lose his share), you can get a notarized refusal from him. In the case when a person refuses to agree (or refuse) to privatization, he will have to be persuaded, make concessions, and so on.

Example: A tenant has previously participated in privatization and understands that immediately after registration of ownership by other persons, he may be “asked” to move out. And he has nowhere else to go. He refuses privatization to other persons until they give him guarantees that immediately after privatization this person will be given a share equivalent to that which the other owners will receive.

The collection of documents is described in more detail below; it is worth noting that this stage is the longest and most difficult. If a person is not a specialist lawyer, then he simply does not know where and why to apply. He also has no idea what specific deadlines are required for the preparation of various papers, how long they are valid, and so on. As a result, due to the lack of such information, the procedure is extended for a considerable period.

You can always issue a power of attorney to a representative lawyer who will deal with this issue. This will save a lot of time and effort.

After all the documents have been collected, you need to contact “My Documents” or the local administration. There is virtually no difference, except that through “My Documents” it is much easier to formalize privatization, but somewhat longer. There you will have to write a statement. It is no different from those drawn up during the privatization of an apartment.

Getting the result

The initiator will receive the results of the procedure within the time limits established by law. They are provided for various stages of privatization. In the case of a decision made by a local authority, this period is two actual months. It is calculated from the moment the documents are received and the initiator applies. This is the period given to the local administration to make a decision. The interested party must be notified of a negative result within three working days. The answer, regardless of its nature, is given to the person in the manner in which the appeal was received. At the same time, each applicant has the right to apply for ways to forward the decision. In practice, the document is handed to the person against signature, sent by mail or through a multifunctional center.

Current legislation establishes deadlines for registering property rights with Rosreestr authorities. Their duration depends on how the application was sent to the registration authority. If the application is submitted in person, through a legal representative or by mail, the registration period will be seven working days. If documents are sent using the MFC, the period for providing the service will last up to nine working days. In this case, the maximum time frame for completing the procedure is indicated. That is, the service can be provided in less time. Registration ends with the issuance of a certificate of ownership. It is sent to the person by mail, handed over to the person or sent to the MFC. After receiving the title documents, the room can be sold, donated, etc.

Documentation

To privatize a dorm room, you need to prepare the following package of documents:

In some cases, additional documents may be required. It is recommended to clarify this point separately, at the stage of drawing up the application.

Housing requirements

In order for privatization to become possible, the room must:

• to be isolated;
• have load-bearing walls and a separate entrance;
• do not have illegal alterations.

The privatization of part of residential premises - for example, a kitchen or a bathroom - is prohibited at the legislative level. In other words, residents of the hostel have the right to register ownership only of their own room, and common areas (corridors, kitchens, halls, showers, etc.) in any case will remain the property of the municipality. Moreover, each of the residents of the building has the right to use them on a general basis.

What to do if refused

If the refusal is justified, then the first step is to clarify what exactly went wrong. The most popular reasons:

• Some documents are missing or there are errors in them. The solution is simple - collect the necessary documents or correct them.
• The room has been remodeled. This is prohibited, so you will have to return everything to its previous state.
• The room does not belong to the local municipality or is generally excluded from privatization. Nothing can be done about this.

There can be a huge number of unfounded reasons, and that’s why they are unfounded. The solution in all cases is the same - go to court. It should be borne in mind that some of the conditionally unfounded (from the point of view of the law) demands may well be taken into account by the court and therefore its decision is unlikely to satisfy potential owners of the premises.

Example : Rent debts are not formally a reason for refusal, but in fact they become the most common reason. The main problem here is that during privatization, the entire debt will remain with the municipality, which it cannot do. As a result, even when solving the problem through the court, you will have to take on this debt: pay it off in advance or transfer it to a new owner. It is impossible not to pay and still get the room as your own. In the most extreme case, the municipality can simply terminate the social tenancy agreement based on the tenants' failure to fulfill their obligations to pay for utilities. And this automatically deprives a person of the right to privatize this property.

Procedure

If the reason is not justified, then you need to act as follows:

1. Demand the refusal of privatization in writing with a specific indication of the reason.
2. Submit an application to the court.
3. Wait for the meeting and decision.
4. Act in strict accordance with the decision.

It must be taken into account that often the decision does not come into force immediately, but after a month, which gives the defendant the opportunity to file an appeal.

Procedure

The procedure is not complicated. The most important document here is a written refusal to privatize. If it is not there, you need to demand it. If they refuse to issue it, then you should contact management or make a video recording of such a violation. In any case, in addition to this, you need to prepare a passport, a social tenancy agreement and documents confirming the fact that the applicant really tried to privatize the apartment.

They need to go to court (not forgetting to pay the state fee) and explain the current situation. If the reason was truly unfounded, the court will willingly side with the applicant and demand that the administration take appropriate action (in our case, issuing permission for the privatization procedure).

Statement

Price

When submitting an application, you must attach a receipt for payment of the state fee. These are the only costs in this case. The state duty is 300 rubles, since the claim relates to non-property claims.

Deadlines

The law does not specify specific deadlines, but in practice we can conclude that on average about 2 months pass from the moment the claim is filed until the date of the hearing. However, this is not the upper limit. If the court’s workload is high, or the very essence of the request turns out to be very controversial, then the date may be set 4-5 months after the documents are submitted.

Privatizing a dorm room is a complex procedure, primarily due to problems with belonging to the administration, as well as collecting documents. At a free consultation, lawyers will clarify the main controversial issues, and they can also act as representatives of the client.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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In what cases is privatization impossible?

Cases of refusal to privatize a room are not uncommon. The reason for this may be the following circumstances:

• the hostel does not belong to the municipality, but belongs to a specialized fund (for example, it is the property of a university or college);
• the building was completely transferred into private hands;
• the premises have been converted and are no longer considered residential;
• the room was illegally remodeled;
• tenants have unpaid debts for utilities.

Also, reasons for refusal of privatization may arise due to the carelessness of the applicant. For example, if he made mistakes in paperwork or did not provide a complete set of papers. In this case, the problem can be solved simply: the documents can always be reissued.

If one of the residents is against privatization

When one of the residents does not want to participate in privatization, he needs to write an official refusal, after which the design of the room will become possible without his participation.

IMPORTANT! If a written refusal cannot be obtained, there is still a chance to transfer the property into private ownership. In some cases, when a tenant who refuses privatization already owns an apartment or other real estate, his opinion may not be taken into account at all.

Privatization by court decision

After the case is decided in favor of the plaintiff and the court issues the appropriate decision, it should be taken to the privatization department and a statement should be written there, according to which the transfer procedure will begin. In this case, the municipality does not have the right to refuse, regardless of whether it is a free privatization or a repeated privatization. After concluding a contract, ownership rights will need to be registered within a month at Rosreestr and the relevant documents for housing will be obtained.

Claim proceedings

The judicial procedure consists of filing a statement of claim at the address where the hostel is located, which describes the entire situation and justifies the unlawful actions of the municipality under the articles of the law; demands are made to oblige the parties to conclude an agreement on the transfer of the room or simply transfer ownership of the housing through privatization.

It is very important that the claim is drawn up correctly, otherwise, when submitting a second application, you will have to pay the state fee again. Also, special attention should be paid to the package of attached documents, which, in addition to the list described above, should also contain a refusal to privatize. It is better to hire a competent lawyer who will help solve the problem than to do it yourself.

First problems

Naturally, as soon as it comes to privatization, many questions and difficulties immediately arise. And although on paper the order is laid out quite clearly and understandably, in practice everything is not so simple. The first problems may begin as soon as the user of the room hints that he wants to register it as his own. Municipalities, as a rule, refuse privatization, offering to buy the property or move out altogether. It should be said that such actions on the part of the authorities are absolutely illegal and groundless.