People resort to buying housing in a hostel only in extreme cases. Some urgently need their own living space, but do not have the money to buy an apartment, others do this because they are moving to another city for work, and others have just started a family and want to get out from under their parents’ wing as soon as possible. There may be other reasons, but regardless of them, it is important to know how to properly purchase a dorm room. Let's look at this issue in more detail and find out what pitfalls should be taken into account.
Basic subtleties
Buying a room in a dorm (the pitfalls can be very different) is a very serious decision that can cause a lot of problems for legally unsavvy people. To be on the safe side, it is recommended that before concluding a contract, ask the seller to provide a certificate in form 7 and 9. The latter document provides information about all the people registered in the property. If at least one of the residents does not agree with the sale, then it will become impossible to officially conclude the transaction in accordance with all legal norms, and therefore, it will be considered invalid.
When looking for housing, you should consider options in relatively new buildings. In old Khrushchev buildings, as a rule, living conditions are poor, so you will have to spend additional money on improvement. Therefore, before purchasing hostel housing, carefully carry out a technical inspection of the property and make sure that all the necessary documentation is available.
○ Advice from a lawyer:
✔ We bought a room in a communal apartment, but one of the residents filed a lawsuit because he was not offered to buy this room during the sale, what to do?
If the plaintiff is telling the truth, and the pre-emptive right was indeed not respected, he has the right to challenge the purchase and sale transaction. In this case, you can file a counterclaim for bad faith against the seller and demand a refund.
✔ After buying a room, the neighbors began to demand that we move out, since they used this room before, and it is now considered “theirs”, what should we do in such a situation?
If the apartment was purchased legally in compliance with the right of pre-emption, feel free to call the police. But first, collect evidence of violation of your personal space (photos and videos, testimony of witnesses are suitable) and contact the police. After an administrative fine is imposed, they are likely to reconsider their behavior.
Video
In this video, a real estate agency specialist will tell you how to choose the right small-sized housing and correctly complete the transaction.
Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal
Room or apartment: which is better?
Let's look at this in more detail. It is not worth saving on the purchase of housing, since this can subsequently result in very large costs. The cost of real estate is largely determined by its technical condition and convenience for living. At the same time, the price of cheap rooms and apartments does not differ too much from the market average.
You should never trust sellers because they will not provide information that corresponds to reality, especially if they urgently need money. As practice shows, buying an apartment in a hostel often ends in resettlement in worse options. Therefore, you need to carefully weigh everything, study the current state of affairs on the secondary market and carefully carry out calculations for your future acquisition.
As for the choice - a room or an apartment - the first option is less preferable, since it significantly limits the possibilities. Firstly, the area will be very small, and secondly, you will have to put up with your neighbors, not all of whom are peace-loving people. And financial feasibility is not one of the best. The cost per square meter of a room is higher than in an apartment.
Buying a room: important nuances
Standard room area is 10-20 sq.m. In a large space it is easier to create a corner for your own kitchen: install a stove and a refrigerator. Then you don't have to share the table with your neighbors.
The cost of a room depends on a number of factors:
- location of the house (the closer to the city center and public transport stops, the more expensive);
- state of repair;
- floor in a house;
- neighbors (the presence of dysfunctional or antisocial tenants greatly reduces the price).
Have you found a good option, but the seller offers to conclude an agreement with a reduced price? Don't agree. If you indicate in the papers an amount less than what you actually give in your hands, you are putting yourself at risk. In case of possible litigation, you will not be able to prove the real price of the property. In addition, the real amount is important for obtaining a tax deduction: by understating the figures in the papers, the buyer infringes on his own rights.
Legal aspects
So what do you need to know about this? If you decide that buying a dorm room is the ideal option for you, then you need to study all the ins and outs of this process. It is worth noting right away that it is better to conclude a deal directly with the seller, bypassing intermediaries, since this way you will be able to save a lot on commissions. However, even in this case, you will not be able to avoid all problems, the solution of which requires the help of qualified specialists with experience in the issues that interest you.
If the property is not privatized, then its owner does not play a significant role in concluding a purchase/sale agreement. But it’s a completely different matter if the owner is the first person who has the right to make any transactions with the residential space. But here it is critically important that the application to refuse it is drawn up correctly.
What information you need to clarify before purchasing:
- How many people are registered in this apartment and how many of them live.
- Do the owners of the remaining rooms have a desire to improve living conditions at the expense of the housing being sold?
- How and on what grounds do neighbors use common property.
It is important to make sure that all owners of communal housing have refused to buy out. A purchase and sale is considered legal if it is made on terms identical to those offered to neighbors. If one of the rooms of a communal apartment is owned by the municipality, then local authorities also have the right to lay claim to the living space being sold.
If the owner of any rooms died, then the heirs must refuse the ransom. Within six months from the date of death of the owner, they have the right to claim rights to the property. A purchase without their consent may be contested, and rights and obligations will be transferred to the heirs.
It makes sense to talk to the residents of apartments nearby in order to find out information about the owners of the room and inquire about the past of the property. For the same purpose, you can request a detailed extract from Rosreestr, namely the history of the transfer of rights, in which past transactions will be visible.
What role do neighbors play?
This aspect deserves special attention. Buying a room in a dorm (professional advice will be given at the end of the article) is a complex process from the legal side, since various problems may arise when trying to get a refusal from neighbors. In addition to the relevant statements, you will need to take documents from the guardianship authorities if persons under the age of majority are registered in the home.
This is where the Child Protection Act comes into force. Parents cannot simply buy square meters. In the future, such a deal could lead to very big problems. Firstly, the buyer will have to spend extra money, and secondly, the transaction may be completely canceled. To avoid this, it is necessary to notify all residents in advance of the intention to sell the property and the estimated cost. According to current legislation, shareholders will have 30 calendar days to make a decision. If they do not agree or are unable to buy out the share, then the legal owner will be able to carry out any housing transactions without any problems.
Documentation options
Sometimes you can find advertisements for the sale of two properties that are located in the same building next door. Their total area is comparable to a full-fledged apartment, so buying a dorm room is very profitable. When concluding a transaction, the documents must be studied very carefully, since if they are privatized, alternate acquisition and division of shares will be impossible.
So, what is needed to complete a transaction:
- documents for the room confirming ownership;
- if the residential premises have been privatized, then a technical passport and a certificate of privatization are also required;
- passport and code of the owner, as well as everyone registered in the room;
- certificate of the owner’s family composition;
- if there are children who are under 18 years of age, then it is still necessary to obtain permission from the guardianship and trusteeship authority for alienation;
- report on the assessment examination.
It is important to find out how the property was privatized: through an amicable transaction or through the court. In the latter case, the claim is valid for 3 years, after which the owner of the property may lose his property rights. As a result, the contract will be considered invalid and the buyer may lose his money.
Find out which organization the building in which you want to purchase living space belongs to. Based on this, you can form an idea of the contingent living in the house. Also collect information about whether utility payments are made regularly. If not, then there is a high probability of turning off hot water or electricity. Therefore, buying a dorm room with a mortgage or cash will not be the most successful decision. In addition, if you decide to take out a home loan, then you need to find a suitable bank.
As a rule, financial institutions put forward the following requirements:
- the borrower must be at least 20 years old;
- loans are not issued to persons over 75 years of age;
- official employment;
- there must be a guarantor;
- If you have a negative credit history, you may not be able to get a loan.
How to purchase?
Dormitories, in contrast to communal apartments, are temporary residential premises, which were previously provided to employees of one enterprise (what are the features of buying a room in a communal apartment?). Now many houses have lost their hostel status and people living in them have the opportunity (not always) to privatize or sell. If the hostel status is preserved, then these people do not own property, but live under a social tenancy agreement.
Possible loopholes
If there are harmful neighbors living in a communal apartment who do not want to sell the room, this does not mean that you will not be able to buy a home. The issue can be resolved by donating real estate. However, such a loophole also has a downside. There is no guarantee that other residents will accept you normally and not start plotting various intrigues.
There are also certain pitfalls in purchasing a room in a former dormitory through donation. Here, ill-wishers can take advantage of Article 170 of the Civil Code, which deals with one transaction acting as a sham and covering up another.
Therefore, the best option is a peaceful settlement of the issue when all parties come to an agreement. This is the only way to avoid various problems in the future.
What problems do people face when choosing communal housing?
Ignorance of legal issues can play a cruel joke when purchasing real estate. This is especially true in cases where a room or apartment was previously privatized, but then, due to changes in legislation, the procedure must be repeated. In this case, it will not be possible to resettle the residents, and therefore, the purchase/sale agreement cannot be concluded. In this situation, the stagnant process may drag on for many months, or even years, and the terms of redemption will be less favorable. Therefore, the best option is to come to an agreement with your neighbors.
Recommendations from experts
If you are interested in buying a dorm room, legal advice will help you do everything right and avoid many pitfalls. Therefore, before proceeding with the transaction, you need to consult a specialist on all issues. Professionals recommend that uninformed people entrust the entire process to experienced lawyers or thoroughly study the current legislation so that after signing the contract there is nothing to complain about. This will allow you to protect yourself and not throw money away.
