For the past twenty years, the Russian Federation has been privatizing housing. This is done free of charge. But still a large number of people live, as before, under a social tenancy agreement in municipal apartments.
Such accommodation costs them somewhat less than those who have their own housing. But they do not have the right to dispose of such real estate. For example, if a person who lives in a non-privatized apartment wants to change his place of residence, then he will not be able to sell his apartment; the only way out will be an exchange. Many people are interested in whether it is possible to exchange a non-privatized apartment for a house or other real estate? There is a clear answer - yes. It is possible, but you need to collect a number of documents.
Barter agreement
Barter is an action that involves exchanging a privatized apartment for a privatized one, both without additional payment and with a possible additional payment by one of the parties, depending on the terms of the agreement.
One way or another, barter allows you to deal with the housing situation much faster and achieve the desired result.
As you know, a barter agreement, like any other agreement, has its own nuances, which will also need to be discussed separately.
Here you can download the most popular samples:
- Standard barter agreement;
- Agreement for the exchange of equivalent apartments;
- Contract for the exchange of residential buildings with additional payment.
Read more about drawing up an exchange agreement here.
Failure Cases
When can they provide registration?
A refusal may be issued in several cases:
- there is no one’s consent to the transaction, although the problem can be resolved in court in the event of an unlawful refusal to give approval;
- a strong difference in objects, threatening a significant deterioration of living conditions or the unsuitability of one of the premises for living, emergency condition;
- infringement of the rights of a minor if the guardianship and trusteeship authorities consider the presence of such a factor;
- exchange for privatized housing;
- termination of a social tenancy agreement with one of the parties for legitimate reasons in court or the presence of such a case during the proceedings.
Registration may be refused if one of the owners does not meet the conditions necessary to carry out the registration procedure. These include:
- non-payment of tax;
- lack of documents;
- an incorrectly drawn up application or paper;
lack of consent of the spouse or owner;- lack of response to the sent request due to the irrelevance of the provided papers;
- forgery of documents.
Underwater rocks
Of course, such a procedure as an exchange cannot take place completely without nuances and difficulties. It would seem that here is a privatized apartment and its direct owner - and this means that he has the right to do absolutely whatever he pleases with this living space.
But actually it is not. In addition to the fact that the owner is still slightly limited in his rights, he also needs to prove the fact that he really is the owner. All legal documents of the person are required for submission.
It is also worth remembering that the owner cannot exchange residential for non-residential property , do redevelopment before the exchange, and so on.
Remember! Exchanges can only be made with the direct owner of a specific residential premises.
Read about how a barter agreement differs from other types of agreements here.
Where to look for options?
How to exchange a non-privatized apartment: where to look for exchange options? Most often, the problem of finding options falls on the shoulders of the person concerned.
He can independently search for acceptable objects, however, it is very difficult to find. There are many offers on the websites for the exchange of owned apartments and municipal real estate is rarely found.
The administration of some cities has a paid service for selecting options for exchanging social housing.
You should contact the administration and find out whether such a service exists in this locality.
If there is, then this can significantly simplify the task and speed up the process, but if not, you will have to rely on your own strength, word of mouth or the help of intermediaries.
You can learn about the possibility of exchanging a non-privatized room in a communal apartment from our article.
How to exchange?
There are several options for exchanging a privatized apartment. It all depends on which option is right for you.
Let us remind you once again what privatization of an apartment means.
Your apartment is considered privatized if you have gone through the appropriate procedure, during which you were given a certificate of ownership.
You should also remember that the very fact of privatization is reflected in the relevant documents in Rosreestr and from there you need to take an extract from the Unified State Register if you are seriously thinking about the exchange.
Privatized to municipal
If exchanging a privatized apartment for a non-privatized one suits you, then it is worth drawing up an exchange agreement , followed by registration of privatization in your name.
Unfortunately, often due to confusion in the administrative apparatus, many people manage to draw up an exchange agreement only unilaterally, while municipal property turns out to belong to someone by right of ownership and the failed parties to the agreement are simply wasting their time.
Municipal real estate must be transferred into your ownership on the basis of one of the clauses of the exchange agreement, and relevant documents must be submitted to a specially formed commission within the city administration that would automatically make you the direct owner.
You must know how to make a related exchange of privatized apartments. This term is not defined by law, so the exchange must be carried out on a general basis.
Two privatized apartments
Before exchanging a privatized apartment for a privatized one, you should check the ownership documents of the other party to your agreement.
If everything is in order with the documents, then the exchange of a privatized apartment can be carried out in two ways.
- In the office of a notary with the provision of all necessary title documents.
- If you trust your opponent, then you can carry out the exchange procedure for free, without the services of a notary , showing up with concluded agreements, supposedly a sale and purchase between the parties.
Your new property is duly registered in Rosreestr and you are now the full owner of the new property.
Is it possible to exchange a non-privatized apartment?
Unfortunately, if the apartment is not privatized, then you cannot carry out actions to exchange it for a privatized one.
To begin with, you need to simply take ownership of the property, that is, go through the privatization procedure .
Therefore, if you have been postponing this registration for later, take this action immediately, because the free privatization of the apartment has been extended for 1 year; in 2021, such a procedure will be paid and perhaps some will not be able to afford it.
Now you know that you cannot exchange an apartment in any way if it is not privatized.
Read about how the real estate share exchange agreement works here.
Obtaining permission and collecting documents
The exchange of non-privatized housing is not recorded in Rosreestr. Exchange transactions are registered in special institutions. For example, in Moscow this happens in the city rental housing center.
Owners of two residential premises must have with them:
- Exchange Application. It will have to be compiled by all people who live in these apartments.
- Correctly executed contracts that indicate that a person is officially renting housing from the state.
- House book.
- Passports of citizens of the Russian Federation. If minors live in the apartment and do not yet have a passport, then you need to take a birth certificate.
- Agreement to exchange. This document must be drawn up by someone who has a social tenancy agreement. First, a notary's assurance is required that the person really wants to make the exchange.
Procedure
In order to directly exchange a privatized apartment, you need to perform a number of consistent and important actions.
- Read the proposal of the other party to the future contract.
- Study not only the new living space, but also the documents that come with it.
- Check whether the person really is the owner of this real estate and whether all his relatives agree with such a decision on the exchange.
- Next, collect a package of necessary documents, carefully making copies of them.
Remember that the documents will have to be reviewed not only by Rosreestr employees, but also by the other party to the exchange agreement, and possibly also by the notary. Therefore, there should be enough copies for everyone . - First, inquire about ways to achieve the desired result during the exchange, or better yet, consult with a lawyer and delve into the legislation. Pay special attention to the housing and civil code of our country.
Now let's talk about what exactly should be in your package of documents.
Collection of documents
The presence of all necessary documents is the key to success in drawing up any agreement, including an exchange agreement.
Don't forget! You need to be very attentive and thorough when collecting papers, because only your accuracy can contribute to an earlier and positive resolution of the issue.
- The first and most important document in your arsenal should be your passport .
Make a number of copies from it. Both the notary and the other party to the contract will need it in order to verify that you are the owner of the privatized apartment. - Another important document is a certificate of ownership of real estate, in our case, an apartment.
Such a title document is required for consideration, because it is it that proves that you have the right to dispose of your property as you want. - Don’t forget to provide the technical passport of the apartment (read how to order from the BTI), as well as the cadastral passport (if you don’t have it, you can order it from the MFC).
They will immediately reflect whether you have carried out redevelopment or other actions with the apartment that you were allowed or prohibited by the administration. - If you actually carried out the redevelopment based on the permission of the administration, also attach the relevant documents.
- real estate exchange agreement with the other party This can be done with the help of a notary or lawyer.
- It is mandatory to provide written consent from all persons living with you in the apartment for this exchange action. Otherwise, if one of the residents is dissatisfied, the transaction will be declared invalid.
- Also, if the privatized apartment is in shared ownership, it is necessary to provide documents identifying the second owner .
- Don't forget to pay the state fee . A receipt confirming your payment must also be included in the package of documents.
Is exchange acceptable in principle?
The possibility of exchanging a non-privatized apartment for a similar one exists. Difficulties may arise if:
- non-privatized housing area is needed larger or smaller;
- you need to choose housing that is completely identical to the existing one, because... Every year the number of municipal apartments decreases
The time to exchange non-privatized square meters may take longer. However, the law does not prohibit the exchange of such apartments, taking into account a number of circumstances below.
In what situations will it not be possible to exchange
It is impossible to exchange a non-privatized apartment belonging to a flexible fund, a specialized apartment, or a service apartment. In this case, there is only one way out - first privatize the housing in accordance with all the rules, and then exchange it.
There are other barriers to exchange:
- the presence of debt for utility services (the amount should be impressive, since a small one can be repaid in the shortest possible time);
- a decision made by an authorized government body prohibiting exchange in connection with the demolition (liquidation of a house);
- availability of a document indicating that non-privatized housing is in disrepair;
- availability of a document indicating that a major renovation of the building is currently underway.
Forced exchange through court
Sometimes apartment residents are against the owner's decision to exchange. This often happens during divorce. In this case, the owner of one of the apartments goes to court , where, through judicial proceedings, he proves why the exchange should take place.
It is impossible to force the exchange of a privatized apartment through the court until all homeowners give consent.
Exchanging a privatized apartment is not at all difficult if you are well acquainted with the sequence of all actions. Remember that an exchange, first of all, is an action that entails a change in your rights, so take this procedure as seriously as possible and, if possible, consult with a lawyer.
Where to start designing?
The standard time frame for processing such a transaction at the Federal State Register Service is seven working days. However, if we are talking about a transaction between two cities or even regions, or it is complicated by certain factors, the time can be extended to one month.
The service of registering property rights does not require payment of a state fee, but requires payment of the appropriate tax according to the details of the state budget. For citizens permanently residing in our country, the amount will be 13 percent, for foreigners – 20 percent.
The tax payment document must be provided along with other documents when submitting to the Federal Registration State Service.
