How to exchange an apartment in 2021? How does the exchange take place?

The issue of exchanging an apartment is relevant for couples who want to divorce and live separately, for the separation of parents and grown children, for expanding their living space, etc.

The exchange can be either equal (the exchange occurs in relation to apartments that are located in different places, but their market value is the same) or unequal (for example, a three-room apartment is exchanged for two one-room apartments).

How to exchange an apartment in Russia in 2021 for another? Is it possible to exchange a non-privatized apartment for a privatized one?

Before raising the issue of real estate exchange, it is necessary to consider real and popular exchange schemes.

Exchange of an apartment with 3 rooms for 1+1+1

It would seem that what could be simpler: to exchange a 3-room apartment for 3 one-room apartments, but in this case there is no need to use mathematics.

The fact is that three one-room apartments will be larger in area than 1 three-room apartment. Yes, even 2 one-room apartments will be larger in area than one three-room apartment, because you need to take into account that each apartment has a bathroom, toilet, corridor and kitchen.

Therefore, if there is a need for an exchange, then you need to understand that it will not be possible to exchange a large apartment for 2 or 3 small ones without an additional payment.

However, there are situations when people still manage to change housing without additional payment:

if the three-ruble ruble ended up being larger in size than the three one-room apartments;
if a large apartment is located in the city center or in a prestigious area, and the exchange is made for “one-room apartments”, which are located in residential areas;
if a 3-room apartment has undergone a brand new renovation, but in the one-room apartments there is no renovation or it is light and cosmetic;
if a spacious apartment has a good layout, all rooms are separate, and the selected one-room apartments have a small kitchen or living room, and a shared bathroom.

In reality, it is almost impossible to exchange one large apartment for three small ones without additional payment . A more realistic deal would be to exchange a 3-room apartment for two one-room apartments.

When is exchange not possible?

The law establishes several cases that prohibit the exchange of an apartment. These include:

One of the apartments involved in the transaction has been seized.

The housing is unsuitable for habitation.

There are doubts about the capacity of any party.

A person who wants to move into an apartment has one of the chronic diseases, the list of which is established by the government.

The right to use real estate is being challenged in court.

One of the required documents is missing, or one of them does not meet the requirements.

Exchange of a 3-room apartment for 1+1

It would be more correct and realistic to exchange a spacious three-room apartment for two one-room apartments. Moreover, despite the fact that the buyer of one-room apartments loses one room, he does not lose space, since he usually tries to find housing that, in general, would best fit the area of his three-room apartment.

It is possible to exchange a three-ruble ruble for two one-room apartments without additional payment in the following cases:

if the 3-room apartment has been well renovated, and the one-room apartments have undergone cosmetic renovations;
if the “treshka” is located in an elite area or one where there is a convenient transport interchange, and “odnushki” are located in residential areas;
if the three-room apartment is in a new building, and the one-room apartments are located in old houses.

Reasons and goals

The need for an exchange may arise for various reasons. The main situations are:

real estate is inherited by several people at once;
a department for creating personal space for adult children;
divorce.

The legislation of the Russian Federation allows for exchanges regardless of the reason that contributed to this. Much more important are other factors that can complicate the process. For example, if people are registered in a residential area, or a minor child takes part in the transaction.

Exchange of a 3-room apartment for 2+1

It is possible, but very difficult, to exchange a 3-room apartment for a 2-room and 1-room apartment.

There are extreme situations when one participant in the transaction desperately needs to buy an apartment for his large family, but he just has a two-room apartment and a one-room apartment, which he can exchange for a spacious three-room apartment. However, this is most likely luck, since in reality it is unlikely to be possible to make such an exchange without additional payment.

However, it is still possible to do this, but you just need to take into account such nuances as:

location of apartments (in the center, on the periphery, in an ecologically clean area, in a historical place, etc.);
apartment layout, common living space;
presence/absence of renovations in apartments;
the presence of basic infrastructure nearby - shops, hospitals, schools, etc.;
technical condition of the house, year of its construction, etc.

Advantages and disadvantages

At the legislative level, nothing is said specifically about this type of transaction, and you will not find an article titled “Exchanging an apartment for a house.” However, here everything is subject to the general provisions prescribed in Art. 567 of the Civil Code of the Russian Federation.

Technically, the whole procedure looks as if two objects simultaneously change their owners, that is, two independent sales transactions take place. The main thing is that everything is subsequently reflected in Rosreestr. Then the deal will be considered correct and the owners will be happy.

Those who decide to exchange an apartment for a private house are not undergoing a unique procedure in the real estate market. This option was common back in the Soviet period. You have the opportunity to purchase a good house near a major city, equivalent to the cost of an apartment.

This deal has its advantages:

it is accompanied by minimal risks, since if it is cancelled, you will return to your previous housing;
the opportunity to increase living space and obtain ownership of a plot of land;
absence of neighbors within the same house;
the ability to erect additional buildings on the site;
favorable ecology;
savings on utility costs.

As for the disadvantages, such a process can take time.

It is important not only to select an object of equal value. It should meet all your requirements

In addition, you need to choose an area with good transport accessibility and easy access to the nearest city.

Exchange of 2-room apartment

Two-room apartments are in high demand among Russians: they are small, so you don’t have to pay a lot for them; such housing is designed for both one person and a family with children.

Realtors can offer anyone the following options for exchanging a 2-room apartment:

for two one-room apartments with or without additional payment;
for 1 one-room apartment + dorm room;
for 3 rooms in a dormitory;
for 2 one-room apartments.

More realistic exchange options are all except the first, but people want to get the maximum benefit from the transaction, so they try to do everything possible so that the number of rooms remains the same during the exchange.

But many people forget that when exchanging a “kopeck piece” for 1+1, someone who decides to acquire two apartments has an additional bathroom, kitchen and corridor, so such an exchange is often unlikely.

But you can and should look for suitable options, because in practice you can make an exchange if:

the total area of the two-room apartment will be larger than two one-room apartments;
the apartment is located, for example, in the capital, and its owner wants to exchange for two one-room apartments located in the Moscow region or in another city of non-regional significance;
“kopeck piece” is located in a prestigious area, and “one-room apartments”, although they are also in the same city, are located in residential areas;
the “kopeck piece” has been luxuriously renovated, and one-room apartments are sold with a regular layout and cosmetic renovations or without them at all.

How to exchange a three-room apartment

Question: Hello! This situation arose in our family. My husband's mother inherited a three-room apartment. Now she lives in a one-room apartment. My husband and I live in this one, I am expecting a child, as well as his sister and family. Is it possible to exchange this one for two one-room apartments? Will I need to pay extra? I can’t say for sure by square meters, but it itself is not very large.

Federal real estate agency provides. With its help, you can exchange a three-room apartment for two one-room apartments, a larger one for a smaller one and vice versa, as well as implement other ideas. The help of experienced specialists will not only reduce the time spent searching for suitable options and completing documents, but will also save your money and secure the transaction.

We recommend reading: Agreement of Donation of a Share of an Apartment to Minor Children Sample 2021 Form

Ways to exchange housing in 2021

There are several options for how an apartment is exchanged:

Drawing up an exchange agreement. Anyone who wants to exchange his real estate must find a person who will like his apartment, and his apartment or apartments will suit him. Finding such a person on your own is a real success, because even an experienced realtor cannot always help you find suitable exchange options that would suit both parties to the transaction. Often, an exchange agreement is concluded between relatives, for example, parents want to exchange their spacious three-room apartment for a two-room apartment, where their son lives with his family.
Drawing up a purchase and sale agreement. In 90% of cases, the exchange of apartments occurs by concluding two sales and purchase agreements. First, the interested person needs to sell his apartment, and for this it is advisable to contact a real estate agency, where specialists can correctly assess the value of the property, select a buyer, and create the necessary package of documents to complete the transaction. While the realtor is selling the apartment, the seller will be able to find suitable options for purchasing two apartments. When he finds a suitable option that suits him for the price, then after selling his own apartment, he will be able to purchase the desired housing with or without additional payment.

The procedure for exchanging apartments will differ depending on what rights the owner has to real estate (whether the apartment is privatized or municipal).

If the apartment is privatized

If the owner of the apartment is its full owner, that is, he has privatized the housing, then he can try to draw up an exchange agreement, but for this he needs to go through a number of stages:

Find a suitable exchange option that will suit both parties to the transaction. It is advisable not to look for housing on your own, as this can take months or even a year. It is better to turn to a real estate agency for help, especially since they usually have their own client base.
Draw up and sign the exchange agreement, transfer deed. The main difference between an exchange agreement and a purchase and sale transaction is that in the first case, money for the apartment is not transferred, since the housing is being transferred.
Prepare the necessary package of documents to complete the transaction and submit it to Rosreestr or MFC for re-registration of property rights.
Receive an extract from the Unified State Register of Real Estate.

If one apartment is privatized and the other/others are not

According to the law, it is possible to exchange privatized apartments, but it is impossible to exchange privatized housing for municipal housing . This is due to the fact that people understand that exchanging their own housing for a non-privatized one is a stupid idea, so this type of transaction is not carried out.

If relatives exchange apartments

The exchange of apartments between close people is carried out on the same basis as for strangers. The legislator did not establish any benefits or privileges in this case.

However, the main advantage of exchanging square meters between relatives is that usually the parties to the transaction do not require additional payment for the unequal area of the exchanged housing.

If the housing size is unequal

If a person wants to exchange his three-room apartment for 1+1+1, then this usually means that he wants to make a unequal transaction. And in this case, he will have to make an additional payment for the difference in cost between the apartments.

It is unlikely that you will be able to calculate the amount of this additional payment yourself, especially since the parties cannot always agree on the amount of the additional payment.

Therefore, in the event of an unequal exchange, it is advisable to seek help from a specialist, an independent appraiser, who can correctly calculate the required amount of additional payment.

By the way, the surcharge can be expressed not only in monetary terms, but also in property terms, for example, a person leaves all the furniture and equipment in the apartment or makes repairs.

Options for exchanging 4-room housing with or without surcharge

The exchange of a four-room apartment is carried out according to the same rules as a three-room apartment. When drawing up a contract, the total and living area, area and distance from the metro, cadastral and market value, as well as the condition of the house and the housing itself must be taken into account.

Owners of square meters have the right to make decisions on the terms of the transaction . If both parties are satisfied with the item of exchange and the additional payment or lack thereof, then the contract can be concluded.

Depending on how many homeowners take part in the transaction, an exchange or purchase and sale agreement is concluded. In the first case, if an additional payment is necessary, the owner who receives it must take into account that it is necessary to pay a tax of 13% of the amount specified in the contract.

If a purchase and sale transaction has been concluded, then the person acting as the buyer issues a tax deduction for the purchase of real estate.

For one room (1 or more)

If the owner needs to get one or two one-room apartments in exchange for his four-room apartment, then he will be entitled to an additional payment. When the exchange takes place for three or more one-room apartments, the cost of housing will be equal. When looking for options, you should not forget that a square meter in a 1-room apartment costs more than in a 4-room apartment.

For 1 or 2 two-room apartments

You can also purchase a two-room apartment instead of a four-room apartment with an additional payment . But if you need to exchange for 2 apartments with 2 rooms in one locality, the additional payment will be significant. As an option, you can consider real estate in neighboring cities and towns.

For three rubles and one ruble

This option, like the previous one, requires an additional payment by the owner of a 4-room living space. If this is not possible, you should think about exchanging for one- and two-room apartments. In this case, the surcharge will be much less.

Exchange of a non-privatized apartment

Is it possible to exchange a municipal apartment in 2021? Yes, you can make an exchange, but you must meet a number of conditions and requirements:

For the exchange transaction to take place, it is necessary that all persons registered in such an apartment must agree to the exchange. In this case, consent must be obtained not only from those who actually live in the apartment, but also from those who are currently not temporarily living in it (doing military service, on a business trip, on long-term treatment, etc.).
If incapacitated or minor persons are registered in the apartment that is being prepared for exchange, then the owner of the apartment must obtain consent from the guardianship authorities to complete the transaction.
You can only exchange a municipal apartment for the same apartment or several apartments.
For a successful exchange of living space, it is also important to obtain the consent of the landlord - the one who actually owns the non-privatized apartment (the municipality, the state).

Main stages of the transaction

The housing exchange process occurs in several stages:

Finding a suitable exchange option.
Assessment of the market value of all real estate properties.
Find out whether an additional payment is needed and how much it will be.
Collection of documents for the transaction.
Conclusion of an agreement.
Exchanging real estate.

Where to start and where to turn?

To exchange your home for another, you need to perform several steps:

Pay off utility debt, if any.
Contact various authorities to collect documents (passport office, Rosreestr, BTI, etc.).
Obtain the consent of property owners (in the case of municipal housing).
When registering in an apartment of the owner under 18 years of age, it is necessary to obtain permission for the transaction from the guardianship authorities.

To find a suitable option, you should contact realtors and place an ad on the websites yourself.

Before completing a transaction, you must:

make sure the other party to the contract is honest;
check all documents;
contact a notary for help.

What documents are required and where to submit them?

To complete the transaction you will need the following documents:

Passports of the parties.
Certificate of family composition or extract from the house register (for the house).
Certificate of absence of arrears in payment of housing and communal services.
Permission from the guardianship authorities (in case of registration of minors and incompetent persons).
Technical certificate.
Certificate of appraised value of the apartment.
Notarized consent of the spouses.
Real estate documents from both parties.
Receipts for payment of state duty for Rosreestr.
Exchange agreement.

Having collected a package of documents, you need to submit it to the MFC or Rosreestr.

Registration of a transaction

You can submit papers in person or with the help of an authorized representative (in the latter case, a notarized power of attorney will be required). After submitting the documents, both parties are issued a certificate indicating the date when they need to appear for documents for the new property. On the specified date, new owners are issued fresh USRN extracts.

Cost and terms

Both parties to the contract must pay a state fee to obtain ownership of the property. Its amount is 2000 rubles for individuals.

The period for preparing new documents and registering the exchange is regulated by Federal Law No. 218-FZ Art. 16 dated July 13, 2015. When submitting documents to Rosreestr, the maximum number of days is 7, when applying to the MFC - 9.

When exchanging three- and four-room apartments, you should carefully study the contract and clearly discuss every detail of the transaction. It is recommended to conclude it with the help of lawyers and realtors. Then the owners will minimize the risk of fraud and will be able to exchange housing on favorable terms.

Exchange of an apartment if the co-owner disagrees

How to exchange an apartment if one of the owners is against it? When it comes to privatized housing, which has several owners, this means that such housing belongs to each owner on the basis of shared ownership. And if the co-owner refuses to exchange the apartment, then the transaction will not work.

The only way to exchange an apartment is to go to court. At the same time, it is important to prove in court why the plaintiff wants to exchange the apartment. And if the judge takes his side, then the plaintiff will have to pay the defendant the cost of his share of the apartment in financial equivalent.

If you don’t want to go to court, then you can go the other way - sell your share of the property and use the proceeds to buy an apartment with an additional payment. It is important to note that before selling a share, you should offer to buy it back from the remaining co-owners.

Legislative regulations

The barter contract itself is carefully considered in the Civil Code. Article 567 is devoted to it, and subsequent articles in this chapter are aimed at specifying the actions to conclude an agreement.

An exchange contract in accordance with the Civil Code can only be concluded for privatized apartments .

If the property is owned by the state and is used under a social tenancy agreement , then you can also count on an exchange, however, in accordance with other rules and guided by other regulations.

So, the Housing Code will help you understand the issues of bartering housing included in a social tenancy agreement in articles , , and .

In addition, in some cases, you can resort to such a specific source of law as court decisions on different categories of cases, which provide explanations for exchange surveys.

Such legislative sources are called judicial practice , and they are also extremely useful for familiarization.

Find out how to exchange a room in communal housing or a dormitory, as well as a two-room apartment, from our articles.

Features of exchanging an apartment where children are registered

When it comes to exchanging an apartment with minor children, many citizens think that they may have problems during the transaction.

And they can really begin if the following conditions are not met:

Before concluding an exchange agreement, it is necessary to obtain consent from the guardianship authorities.
The new living space in terms of living conditions for the child should be no worse than the previous ones, and maybe even better. Otherwise, if the case goes to court, the judge may declare such a deal invalid.

About the opportunity

Is it possible to exchange a three-room living space?

Many people are interested in the question of how you can exchange a 3-room apartment and how difficult it is? People who have little knowledge of the legislation of our country even doubt whether such an action is possible and rush to consult with lawyers and realtors.

Meanwhile, the law directly allows and permits the exchange of real estate, while the number of rooms and footage does not in any way affect whether a barter transaction can or cannot be carried out.

The practice of barter agreements began quite a long time ago. Back in the days of the Soviet Union, when all apartments were mostly of the same type, it was much easier for people to change their living quarters when moving. This type of exchange was used even if citizens moved from city to city.

Since the existence of the Soviet Union, the practice of real estate has undergone a number of changes. Today, such a procedure is regulated by completely different regulations and requires compliance with a number of rules.

You can learn about how to exchange housing with an additional payment, as well as how to force a forced exchange of living space through the court, from our articles.

Exchange of apartments in court

The process of exchanging an apartment does not always go smoothly, especially when there are several owners. In this case, it is worth raising the issue of forced exchange through the court.

At the court hearing, the plaintiff must convince the judge why it is so important to carry out the barter transaction:

one of the owners of the apartment behaves unworthily - organizes brawls, parties, does not take part in cleaning the apartment, repairs, etc.;
the initiator of the apartment exchange was the ex-wife or the husband, who wants to live separately after the divorce;
scandals, quarrels, fights, etc. regularly occur in the family.

To file a claim in court for the forced exchange of an apartment, an interested person must do the following:

write a statement of claim, where you should indicate the reasons for the exchange;
collect the necessary documents for the apartment;
provide evidence at the meeting (photos, videos, witness statements) that the need to change housing arose due to indecent or indecent behavior of someone living in the apartment.

In order to exchange an apartment, you need to understand that the transaction will go through faster if the parties make an equivalent exchange, for example, a person exchanges his three-ruble ruble for 2 one-room apartments.

You can exchange both municipal housing and privatized housing, with registered persons, minors, and in court. To successfully conclude an exchange agreement, you cannot do without the help of specialists (realtor, appraiser).

Our prices

Name of service	Price
Legal due diligence of real estate and seller	from 30,000 rubles
Legal verification of real estate, seller. Conducting a transaction (drawing up a purchase and sale agreement and registering the transfer of rights in Rosreestr in Moscow)	from 50,000 rubles
Full support of the transaction: inspection of the property, preliminary negotiations with the seller, conclusion of a preliminary agreement (advance payment/deposit), legal verification of the property and the seller. Based on the results, issuance of a legal opinion, support during mutual settlements, drawing up a purchase and sale agreement for real estate, registration of the transfer of rights to real estate, transfer of real estate under a signed transfer and acceptance certificate.	from 80,000 rubles

Price

Pick up

Is it profitable to receive monetary compensation in exchange for an apartment?

This right is allowed by the program. However, there is an exception: those whose apartment is under arrest or purchased with a mortgage will not be able to receive the money. To receive monetary compensation, you must write an application. This must be done no later than 30 days after receiving the draft exchange agreement. As a result, the final version of the agreement will not be signed; it will be replaced by another (for the payment of funds). Thus, it turns out that the state will buy your apartment at the market price.

Reference. The payment to program participants includes the amount for housing, as well as moving expenses.

Therefore, it is beneficial to receive compensation instead of an apartment, since with this money you can actually purchase living space in another area or city at your discretion.

Didn't find the answer to your question? Find out how to solve your problem - call and consult with a lawyer: 8 (Moscow and Moscow Region from 9:00 to 20:00) Consultations are provided within the program free of charge.

Advice from lawyers on purchasing additional space

To purchase additional meters, you must submit an application. But since new housing is provided in certain houses, this should not be done in advance. If the constructed building has the required apartments, they will be provided.

If people first moved and registered new real estate in Rosreestr, then they still retain the right to purchase another apartment in houses under the program for 2 years .

How can a family move away during renovation?

A family can apply for two apartments, in which the total number of rooms will be the same as in the old one. And if the owner chooses a smaller property, he will receive compensation.

You can separate immediately or do it within two years. For example, now there may not be enough funds for additional payment. In any case, this will be more profitable than buying an apartment yourself , since the city provides a 10% discount.

Adviсe

Exchange is a complex procedure with many nuances. If the process proceeds without the help of a lawyer, you should listen to the recommendations of specialists:

You should not choose real estate with encumbrances. After purchase, you will have to deal with them, and some of the problems will not be solved quickly.
It is necessary to use the services of a notary. He will help you draw up the contract correctly and conduct the transaction in accordance with the law. His duties will also include checking the “legal purity” of the housing.
Be careful with registered residents. Some people are extremely difficult to evict because of their status or the conditions under which they live in the apartment (long-term lease agreement, registration).

When exchanging a two-room apartment, it is best to use the services of a qualified realtor. The specialist will check the property of both parties for the presence of pitfalls in the form of other owners or encumbrances, help collect the documents necessary for registration and draw up an agreement.