How to privatize a dorm room - where to start and how much it costs

Home / Real estate / Acquisition of real estate / Privatization

Back

Published: September 10, 2016

Reading time: 9 min

1085

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...

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.

About the opportunity

Is it possible to privatize a dorm room?

Yes, you can - this is allowed by Federal Law No. 189-FZ (as amended in 2016) “On the entry into force of the Housing Code.”

Although it is more complicated than an ordinary apartment (RF Law No. 1541-1 “On the privatization of housing stock”).

Anyone can carry out the procedure for transferring square meters into private hands . Any citizen of the Russian Federation, even a minor, can be a participant, it is enough that he lives in the given premises.

Of course, for a reason. As in the situation with official housing, a number of conditions must be met. And the main one is a signed social tenancy agreement, or at least the likelihood of its conclusion.

Otherwise, registration of ownership will only be possible through a judicial procedure, and even then it is not a fact that the court will not refuse. Why? For example, it may turn out that the building does not belong to the state, but to a specific private company.

Or it is specialized , for example, it belongs to a college or university - although in fact not only students can live there, legally the house is still classified as a specialized fund.

Or, for example, one of the premises was converted and turned from habitable to non-residential . It will also not be possible to register it as personal property.

You will also have to go to court when, one day, the owner receives news that the room he occupies will either have to be purchased at the market price (and in Russia it costs a lot of money) or vacated.

So, when is it possible to privatize your corner in the hostel:

the house belonged to a state or municipal organization and was used specifically as a hostel;
the building was transferred to the municipal fund.

As for common areas, the definition of shares in them can be established only after the premises have completely passed into private hands.

Read about the deprivatization procedure in our article. Find out also about the statute of limitations for invalidating the privatization of an apartment.

List of required documents

Anyone wishing to privatize a dorm room will need to collect the following package of documents:

an application for privatization in the prescribed form, certified by the housing office (the standard form can be easily downloaded on the Internet, in addition, a sample of it is provided by housing authorities and municipal authorities);
passports of all citizens permanently registered in this living space. If such citizens include minor children, their birth certificates will also be required;
cadastral passport of housing and its copy (provided at the Cadastral Chamber and the Multifunctional Center, and can also be issued to order through the Rosreestr website);
technical passport for the room (contact the Bureau of Technical Inventory - BTI);
a warrant for a room and an agreement on social rental of premises (for an agreement, please contact the local administration);
a certificate confirming that the persons participating in the privatization of the room are using their right to this residential property for the first time (can be obtained from the administration and the housing maintenance company servicing the hostel);
a certificate confirming the absence of earlier privatization of the room (can be obtained from the administration and housing maintenance company servicing the hostel);
bank statement about your current personal account details;
an extract from the house register (can be obtained from the administration and the housing maintenance company servicing the hostel);
extract from the register of municipal property (provided by the local administration);
refusal of privatization, signed by all persons registered in the room and certified by a notary.

Transfer to the municipality

Initially, the majority of dormitories were built by various enterprises, organizations and educational institutions. This was done in order to provide housing for working staff, employees and students. However, quite often there are cases when a departmental hostel is transferred into the ownership of municipal authorities. This is mainly due to cases when an enterprise or organization is liquidated or low profits do not allow maintaining the housing stock in proper condition. In such situations, management can petition the local government authority so that the latter takes the object onto its balance sheet.

This procedure is formalized by a decision with the appropriate content. After this, the necessary data is entered into Rosreestr, and the local administration becomes the full owner. Such a procedure will entail certain consequences. In this case, the municipality is given the right to dispose of the hostel at its own discretion. He can rent out rooms on a rental basis to any persons, and not just to those who work at the enterprise.

Conclusion of social rent agreements

In order for a person to live in a municipal hostel, a social rental agreement must be concluded with him. Most often, the participants in such a transaction are people who are specially registered as in need of improved living conditions. The parties to the agreement in this case are the municipal authority and the person or their legal representatives.

Each of the parties to the transaction must meet certain requirements.

For the lessor, this means having the appropriate property at his disposal. The applicant must be a citizen of the Russian Federation and be specially registered. The reason for the production is the person’s low income level. Family members and relatives of the employer can live in social housing: spouses, children, as well as persons who are fully supported by him. This category also includes those who are not related to the employer, but are classified as family members in accordance with the concluded agreement, and run a joint household with him. In some cases, people may be recognized as such by a court decision.

The contract must indicate the following:

Date and place of his imprisonment.
Information about the parties.
The subject of the agreement is the location of the room and its intended purpose.
Cost of the contract and payment procedure.
Rights, obligations and responsibilities of the parties.
Other conditions. This indicates the right of each party to resolve the dispute in court and initiate the procedure for annulment of the contract.

The completed agreement is signed by the parties and certified by the seal of the property owner. In this case, signatures are placed on each page of the document. Any changes and amendments are made to the text by drawing up an additional agreement.

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.

Causes

Why and is it necessary to register residential premises owned under a social tenancy agreement?

Only a specific resident can answer this question unambiguously—for himself.

The undoubted advantage of this procedure will be that from now on the residential premises will be the personal property of the tenant.

He can sell it, make it a pledge, donate it or bequeath it to someone.

It is clear that the owner of a room has a much greater chance of acquiring his own separate apartment - after all, he will have to save much less than “from scratch”.

In the case of municipal housing, all these “options” are not available - after all, the resident is not the owner of this premises, and therefore cannot carry out any legal transactions with it.

As for the disadvantages of a privatized room, there is, of course, a financial issue. High (for many) housing costs, as well as major repairs - its financing will also fall on the shoulders of the private owner.

It is quite obvious that it is possible to undertake the transfer of the disputed premises into private hands only with the help of an experienced lawyer. He will outline the prospects of your situation, help you with documentation and, most importantly, he will be able to defend your position in court.

Read our article about how to determine whether your living space is privatized.

Transfer of ownership

If all the documents have been drawn up correctly and in full, the municipality enters into an agreement to transfer the room into the ownership of the applicant through privatization, which takes on average one month.
Based on this agreement, it is necessary to register ownership with the Rosreestr authorities.

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.

Is it possible to privatize the adjacent dorm room?

It is possible if you are low-income or needy, that is, you have the grounds specified in Article 59 of the Housing Code of the Russian Federation, and the hostel building was transferred to municipal ownership (the hostel status was removed). In this case, you have the right to be provided with a vacated room.

The refusal of the municipal administration to provide it can be appealed in court.

Categories of citizens recognized as needing residential premises are listed in our material. You will find everything about the rental agreement in a detailed article on this topic. You will learn how to correctly complete a real estate purchase and sale transaction by reading the text at the link.

Right to privatization

Only those persons who meet the requirements established by current legislation have the right to privatization. First you need to be a citizen of the Russian Federation. Residents of other states are not granted this right. Another condition is documentary evidence of residence in the hostel. That is, a rental agreement must be concluded with the person. Also, the applicant cannot participate in such a procedure again. In other words, you cannot go through the procedure twice. It will also be necessary to obtain the consent of all residents of non-privatized real estate.

Duration and cost of privatization

The total period for collecting all necessary documents and all procedures may take about 3-4 months. If you have to go to court, the period will increase.

The privatization of the dorm room itself is free. Additional expenses:

Notarization of refusals from persons living in the premises may vary depending on the region of residence, but no more than 2000 rubles for 1 paper.
The state fee for registering a right with the MFC is 2,000 rubles.
Related legal services (if necessary) from 15,000 rubles.

How to legitimize?

To obtain permission you need to follow the following algorithm:

Obtaining written permission from the owner. If the tenant is the owner himself, this step is not necessary.
Contact the BTI for technical documentation for the room.
Contact the management company for statements.
Applying to Rosreestr (directly or through the MFC) for an extract from the Unified State Register of Real Estate.
After the entire package has been collected, submit an application through the MFC.
Drawing up a report of work completed after the redevelopment is completed.
Contacting the BTI to make changes to the registration certificate for the room.

All these actions can be performed not personally, but through a specialist intermediary. Then at the first stage you will need to issue a notarized power of attorney for him.

Dorm status after the procedure

And now, finally, the long-awaited certificate has been received. What does it give you? The room is now completely your property and you are free to do whatever you want with it. For example, rent out or sell (we will tell you how to sell a privatized room in a dorm in the next article).

In principle, as we have discussed, there is nothing complicated in the process of privatizing a dorm room. This process requires virtually no financial costs, and even the help of a specialist is not very expensive. But by registering the room as your own, you can be confident in the future, because now no one will ask you to vacate the official housing at the most inopportune moment. Almost all appeals to the court when municipalities refuse privatization are resolved in a positive direction for the plaintiff.

A case from the practice of privatization of housing in a hostel is discussed in the following video:

Resolving the issue through court

In some situations, privatization of a room is possible only through the court. The applicant will need:

Submit an application for privatization to the administration free of charge.
In the event of a negative decision by the authorities, the response should be a reasoned refusal to privatize.
The applicant applies to the court with a statement of claim, attaching to it the refusal received from the administration. The application must indicate a requirement to force the municipality to privatize the room, or to recognize ownership rights to the housing specified in the claim through privatization.
The court can either satisfy the claim or refuse to satisfy it. After a positive response, the applicant will need to collect the missing documentation and register ownership rights with the appropriate registration authority.

Privatization of a private house in rural areas has its own characteristics. How to draw up an apartment privatization agreement? Information here.

Who has the right to privatize municipal housing? Details in this article.

Arbitrage practice

Citizens go to court to resolve various issues related to privatization. For example, the hostel has not yet become the property of the municipal authorities, and they are delaying the solution of the problem in every possible way.

In this situation, the court has the right to facilitate the conclusion of a social rental agreement with the tenant of the premises and resolve the issue of privatization of the property.

A correctly drafted claim plays an important role when going to court. Also, when choosing this way to solve the problem, the applicant must document the following facts in court:

Legality of moving in and living in a dorm room.
Lack of other housing owned by the applicant.
Suitability of the property for habitation and its isolation.
If there are redevelopments, their legality.
The existence of an employment relationship between the applicant and the organization on whose balance sheet the hostel was previously listed.
The fact of payment of state duty.

Since 2004, judicial practice regarding such issues has changed greatly. If earlier claims were quite often rejected, now in almost 100% of cases the outcome of the case is possible in favor of the plaintiff.

Here is a case study on the privatization of a dorm room.