A vacant room in a communal apartment - who is the contender?

Pravozhil.com > Rent > Right of purchase > Buying a room in a communal apartment - all the necessary information about the transaction

Buying a room in a communal apartment is sometimes the only option for a young family or a citizen in need of housing. It would seem that it might be simpler to acquire a certain share of an entire home, but in fact the procedure is quite complex in legal terms.

It is important to buy out a room in a communal apartment competently and with an understanding of the essence of this event, otherwise some problems will arise in the future. Read more about the procedure in the material below.

Who has the right to buy back from the city?

In accordance with parts 1-3 of Art. 59 of the Housing Code of the Russian Federation establishes categories of persons who have the right to buy out a free room in a communal apartment. These include the following persons:

• Owners and tenants who not only live in communal apartments, but also need to improve their living conditions. Such persons must be recognized as poor.
• Owners and tenants who live in a communal apartment and have insufficient living space. Such persons may also be considered low-income.
• Citizens provided with housing less than the norm of representation.

The first and second categories can receive a room under a social rental agreement. Persons from the third category can receive a room only upon concluding a purchase and sale agreement.

Who can apply

The procedure for moving into empty rooms is strictly regulated by the Housing Code of the Russian Federation. First of all, residents of the same apartment have the right to them if they need improved living conditions. If the room is not transferred to the residents of the apartment, three categories of citizens recognized as needing residential premises may apply for it:

• low-income people who do not have their own housing;
• low-income people and living in apartments with a total living area less than the established one
• by law (permissible minimum per person is 18 square meters);
• wealthy, but also living in apartments with square footage less than the provision norm.

To whom to give the room, and under what conditions (paid, free) are decided by representatives of executive authorities. They notify residents of their decision in writing. Notified citizens must respond within a month.

All questions regarding documents must be clarified with employees of the Housing Department, as all the nuances must be taken into account in each individual case. For example, if a person with chronic illnesses and disabilities is applying for housing, he will be asked to provide a certificate from a medical institution.

Urgent redemption

Urgent purchase of a room in a communal apartment is possible for its residents. Usually these are municipally owned apartments. Residents in this case are responsible tenants living under a social tenancy agreement.

Such persons have the right to reside, but do not own the residential premises as property rights. For this reason, urgent redemption is carried out only by decision of the city authorities.

If you want to make an urgent purchase, you must contact the housing department with an application in the prescribed form. As a rule, specialists establish only one requirement. The repurchase is provided only to those who ensure the normal condition of the housing and use it without violating the current legislation.

How to arrange an urgent purchase of a room in a communal apartment from the city correctly? The following conditions must be adhered to:

1. prevent rent arrears;
2. maintain housing in good condition;
3. use the room only for its intended purpose - for living.

If these conditions are met, authorities rarely refuse to purchase a vacant room.

How to connect a room in a communal apartment?

How can I add my neighbor’s vacated room to the existing living space in a communal apartment for free or by purchasing it? Who has the priority right to this? The answers are in today's issue of SB.

When is it considered free?

The rules for settling vacated living space apply only to residential premises in public housing buildings.

If a room has become vacant in a communal apartment, then, first of all, the residents of the same apartment have the right to apply for it under a social tenancy or sale agreement.

Residential premises are considered vacated if the neighbor (neighbors) occupying a non-privatized residential area: - moved out, having received living space from the state, - left for permanent residence in another place, - was recognized as having lost the right to residential premises, - in the event of the death of the tenant, - in other similar cases.

Once a room or several rooms have become vacant for one of these reasons, the executive authorities decide their fate: who will get them and under what conditions - for money or free of charge.

Employees notify residents of this in writing. They must, as a rule, give an answer within a month about their intentions: whether they agree to take the room.

Employees of the district administration of the Department of Housing Policy and Housing Fund will explain what a tenant of a communal apartment has the right to count on - the provision of a vacated room under a social tenancy or sale agreement, as well as what documents need to be submitted.

Note: Currently, the law does not establish that a person suffering from a disease that gives the right to additional living space has any advantages over other applicants. However, as practice shows, if such a disease occurs, then for a comprehensive and objective consideration of the issue of distributing the vacated space, it is still better to submit a corresponding medical certificate to the executive authority.

I. Free joining (for social hiring)

To consider and formalize the provision of vacated living space in a communal apartment under a social tenancy agreement, applicants write an application to the district housing department of the district Office of the Housing Department and submit the following documents: - an extract from the house register, - a copy of the financial personal account, - a certificate of verification of housing conditions (or a single housing document that combines these three certificates and is issued by the unified information and settlement centers of Moscow, where the corresponding computer program has been introduced that allows you to draw up such a document), - an explication and floor plan of the apartment, - identity documents and their copies, - an extract from the Unified State register of rights, confirming the presence or absence of residential premises owned by citizens. And for those who apply for the purchase of rooms at a reduced price, also information on civil transactions completed with residential premises over the past 5 years (issued by Mosregistration), - a certificate of recognition as low-income (for those who apply for free living space for social rent) - issued by the departments of social protection of the population of Moscow districts (RUSZN), - housing documents from the previous place of residence, if citizens have been living in the occupied living space for less than 5 years, - documents confirming residence in Moscow for at least 10 years (usually , extracts from the house register), – other documents if necessary.

This is the maximum possible list of documents.

It is not necessary that all of them will be requested from the applicant. Let’s assume the situation is simple: the employer or owner has lived in Moscow all his life in a communal apartment, has never traveled anywhere, and has no close relatives whose living space can be taken into account. There are no contenders either. In this case, naturally, the list of documents will be minimal (housing documents, information from the Moscow Registration Office about the absence of ownership of other residential premises and transactions with them for 5 years, a certificate of recognition as low-income (if he is not on the waiting list applying for social rent), etc. .

Please note: if there are close relatives, for example, spouses (regardless of their place of residence), housing documents from their place of residence are required, as well as information from the Moscow Registration Office about the presence or absence of residential premises in their property. Since the living space in respect of which the applicant or his family members have independent right of use or ownership is also taken into account when deciding on the provision of a vacated room.

After the documents have been collected and submitted, the issue is considered by the housing commission under the district prefect, and if the commission’s recommendation is positive, the prefect issues an order approving the recommendation. The District Office of the Housing Department concludes a social rental agreement with the applicant.

With this agreement - to your DEZ. That's it, you can move into the neighbor's former room.

II. Redemption of a room

If there are no tenants in the apartment to whom the vacated room can be provided under a social rental agreement, the “remaining” may be offered to buy it out by concluding a purchase and sale agreement. Provided that they permanently reside here (registered at their place of residence).

The purchase and sale agreement is concluded between the citizen and the Department of Housing Policy and Housing Fund of the City of Moscow.

What is due to whom?

The Housing Code of the Russian Federation and Moscow City Law No. 29 of June 14, 2006 “On ensuring the right of residents of the city of Moscow to residential premises” provide for the provision of a vacant room in a communal apartment under a social tenancy agreement to tenants or owners living in this apartment. And they establish the order of priority for applicants for this room depending on their degree of need. First of all, those who have little money and square meters can count on receiving living space in a communal apartment under a social lease agreement, that is, for free.

Which of the residents has a priority right and what they can count on is spelled out in detail in Art. 38 of the Moscow Law “On ensuring the right of residents of the city of Moscow to residential premises.”

1. First of all, Muscovites who are on the housing register have the right to apply for rooms on social rent (both those registered before March 1, 2005, and those admitted after, recognized as low-income).

2. If there is no waiting list, then the vacated living space is provided under social rent or under a purchase and sale agreement to apartment residents occupying residential premises less than the established provision rate for each family member. Provided that they have been living in Moscow at their place of residence legally for a total of at least 10 years and have not worsened their living conditions for more than five years.

3. If there are no neighbors in a communal apartment who have the right to preferential provision of living space (or if they refuse to receive a room), they are offered to buy it at market value to citizens living in this apartment who are provided with living space and are not low-income.

Price issue

For Muscovites who want to buy vacant residential premises within the provision norm (both for those on the housing register and not on the waiting list, who have lived in the capital for at least 10 years and have not worsened their living conditions for more than five years), a preferential price may be set. It is calculated by the BTI taking into account the location of the house in accordance with the Methodology for calculating the cost of residential premises, approved by Order of the Moscow Government of September 12, 2003 No. 1630-RP.

Note: Methodology for calculating the sale price of housing sold to individuals and legal entities according to decisions of the Moscow government, approved by order of the Mayor of Moscow dated June 24, 1996 No. 15/1-RM, which is referred to by the order of the Department of Housing Policy and Housing Fund of the City of Moscow dated October 4, 2006 No. 852, lost force on the basis of Moscow government decree No. 874-PP dated November 7, 2006 “On offset of the value of residential premises owned by citizens when providing residential premises owned by the city of Moscow”, in connection with which it applies Methodology approved by order of the Moscow government dated September 12, 2003 No. 1630-RP.

When purchasing residential space in excess of the provision norm, the market price is established.

The sale price of vacant rooms in communal apartments is approved on a case-by-case basis by the City Commission for Privatization and Housing Management.

Please note: the room can also be sold with the consent of all tenants or owners of living space in a communal apartment into shared ownership.

Steps to take when purchasing a room

1. Applicants for the purchase of a room apply to the district housing department of the district Office of the Housing Department and submit the necessary documents. The list of them is similar to the one submitted for the annexation of vacated living space under a social tenancy agreement. A significant difference in the list of documents: for social hiring, you may need a certificate of recognition as low-income. It is not needed for ransom.

The remaining documents are similar: information about the availability of residential premises, transactions made over a five-year period, etc.

After submitting the necessary documents, the issue of concluding a purchase and sale agreement is considered by the public housing commission under the prefect of the administrative district, which determines whether residential premises can be provided under a purchase and sale agreement and at what price (according to the BTI or market price).

After the commission makes a decision to sell the vacant room, the District Office of the Department issues a certificate - permission to purchase the vacant room in the name of the applicant.

2. After receiving permission to buy a room, the applicant submits to the district Office of the Department of Housing Policy and Housing Fund: - a calculation of the sale price of the vacated room (rooms) made by the Moscow City BTI, - or a report from an independent appraiser on the market value of the room (rooms) being bought out.

Next, the issue is considered by the City Commission for Privatization and Management of Housing Stock in Moscow, which, based on decisions of public housing commissions under the prefects of administrative districts and documents submitted by the departments of the Department of Housing Policy and Housing Stock of the City of Moscow in administrative districts, makes decisions on the sale price: – the sales price is set according to calculations made by MosgorBTI; – or the submitted report on the market value of the room(s) being purchased is approved, in accordance with which the sale price is set.

3. Citizens purchasing vacant rooms in a communal apartment must pay their price to the city budget within three months from the date of the decision by the City Commission for Privatization and Housing Management in Moscow.

If they missed the deadline for a good reason (for example, illness, urgent business trip, etc.), the issue of the sale price can be re-submitted for consideration by the City Commission for Privatization and Housing Management in Moscow. And she decides whether to sell the living space at the previously established price, or “sets” a new sales price.

After citizens pay for the purchased room(s), the Office of the Department of Housing Policy and Housing Fund in the administrative district enters into a purchase and sale agreement with them for the vacant room(s).

4. The agreement is subject to state registration in the Office of the Federal Registration Service in Moscow. The documents are prepared and submitted for registration by the District Office of the Department.

Now you can bring things into your former neighbor’s room and celebrate housewarming.

ON A NOTE

Citizens recognized as needing to improve their housing conditions before March 1, 2005 have the right to receive a free subsidy allocated from the city budget for the acquisition of ownership of a vacant isolated living space in this apartment. The size of the subsidy is determined based on the norm for providing a family of a given size, while the size of the area of ​​occupied residential premises is subtracted from the required footage.

Situations are possible when a tenant who has exercised the right to free privatization of housing (an occupied room) makes sense to buy out the vacated space, despite the fact that he has the right to join it free of charge. Because in case of annexation, he will still not be able to privatize it, and this will serve as a hindrance to him, for example, when traveling with neighbors. This is where a subsidy can come in handy.

If there are several “competitors”

If there are several applicants for free connection or purchase of free rooms, the priority right is determined in accordance with Article 38 of Moscow City Law No. 29 dated June 14, 2006 “On ensuring the right of Moscow residents to residential premises”, taking into account: – the date of registration for housing accounting; – period of residence in Moscow at the place of residence legally; – residential premises (parts of residential premises), in respect of which residents of Moscow and members of their families have an independent right of use, as well as civil transactions made by them with residential premises (parts of residential premises) belonging to them over a five-year period.

Controversial issues between applicants for redemption are considered by public housing commissions under the prefects of administrative districts. If “consensus” is not found there, then it will be in court.

A communal apartment can remain a communal apartment

In case of refusal to purchase a vacant living space and in the absence of “legitimate” applicants, the Housing Code of the Russian Federation stipulates that other tenants from the “outside” – those on the waiting list, “displaced people” – can be moved into the room. That is, the apartment was communal and remains so.

If a neighbor has disappeared in an unknown direction

Such situations are not uncommon. A non-privatized room in a communal apartment has been empty for years, and there is no trace of the tenant, where he is, what happened to him - God knows. Neighbors have the right to claim only the vacant premises, which can be annexed only if it is legally vacant. Is it possible to evict an invisible tenant through court? If he doesn't pay rent, then yes. There are no other grounds for eviction.

A claim in court can only be brought by: - ​​the landlord (for example, REU, ZHEO, etc.), - any person who has the right to the same empty room (a family member of the tenant registered in this area).

Another option is to file a police report to search for the missing person. But only his relatives have the right to this. If, after carrying out search activities, the location of the deceased neighbor is not established, this fact is confirmed by a certificate. This will be the basis for the Housing Department to apply to the court to declare the wanted person missing.

Only after the court makes such a decision is the deceased neighbor removed from the registration register and his living space is considered vacant.

Where is this said?

1. Housing Code of the Russian Federation (Article 59);

2. Art. 37, 38 of the Moscow City Law of June 14, 2006 No. 29 “On ensuring the right of Moscow residents to residential premises”;

3. Order of the Moscow Government of September 12, 2003 No. 1630-RP “On approval of the Methodology for calculating the cost of residential premises implemented by the Department of Housing Policy and Housing Fund of the City of Moscow according to decisions of the Moscow Government”;

4. Order of the Department of Housing Policy and Housing Fund of the City of Moscow dated October 4, 2006 No. 852 “On the sale of vacant rooms in communal apartments owned by the city of Moscow.”

Source:
Apartment Row

Sample application

Purchasing a room from the city is carried out in several stages. To start the procedure, you must fill out an application. It can be obtained from a specialist in the housing department. It is important that the application is completed correctly.

The statement states the following:

• passport details of the applicant and other residents;
• exact address of the apartment;
• reasons for residence;
• written consent of all owners of a communal apartment;
• receipt for payment of state duty.

The application contains a request that you wish to purchase the room on the terms of the housing department. Additionally, the period of residence in the apartment, the intended use of the housing and the absence of debt are reflected. The main thing is to correctly and clearly express your desire to purchase a room.

Required documents

To buy a room in a communal apartment, you must collect and submit the following documents to the administration:

1. application in the prescribed form;
2. a certificate from the BTI with a full description of the premises;
3. an extract from the house register indicating all registered persons;
4. documents for housing;
5. applicant's passport;
6. receipt of payment of state duty.

Only a citizen of the Russian Federation can act as an applicant. To confirm citizenship, you only need to provide a passport.

The applicant has 1 month to prepare a package of documents necessary to complete the transaction.

Sequencing

If a communal apartment is located in Moscow and a room becomes vacant, the housing department sends residents a notice of the opportunity to buy the room. If such a scheme does not operate in the region, you can contact the administration yourself. To do this, just write an application and collect the necessary documents.

When buying a room from the state, use the following step-by-step instructions:

1. An application of the established form is drawn up and submitted for consideration to the housing department of the local administration.
2. The application will be reviewed by the responsible persons.
3. If a positive decision is made, the cost of the room is determined. The cadastral value is taken as a basis, the market value in the region and the cost of paperwork are taken into account.
4. The applicant pays for the room. To do this, you can use personal funds, a mortgage or maternity capital. Subsidies are provided to those in need of improved housing conditions. The money must be transferred to the municipality account.
5. An agreement is drawn up and the documents are sent for registration to Rosreestr. From this moment, ownership passes to the applicant.

The procedure for purchasing a room from the city is standard for everyone. Therefore, it does not cause any difficulties for the applicants. Documents are issued within 5 days after payment is made.

Procedure

The process depends on the procedure adopted at the regional level. Thus, in Moscow, if there is free living space, the authorized department sends a notification about the possibility of purchasing real estate. If such rules are not provided for in a constituent entity of the Russian Federation, then the applicant independently goes to the administration and receives the relevant information.

When purchasing premises owned by a municipality, you must follow the following algorithm of actions:

• Submission of an application formed according to the established template to the housing department of the local administration.
• Waiting for a response from the employees of the structure involved in considering the application.
• With the consent of the municipality, the cadastral value of the room is determined. In addition to this assessment method, information on the market price of housing in the region is used. After setting the price, an analysis of the cost of preparing documentation is carried out.
• Payment of living space by the applicant. Different sources can be used: maternal capital; personal savings; mortgage. If a citizen (family) is recognized as in need of improved living conditions, then the cost of housing is reduced according to a reduction factor depending on the time of placement in the queue. The money is transferred to the municipality's account.
• Drawing up, signing an agreement and sending it to Rosreestr. Once the document is registered, ownership passes to the petitioner.

Important! The procedure given above is similar for all beneficiaries. Documents are prepared and endorsed within five days from the date of deposit of funds by the beneficiaries.

Receiving a subsidy for redemption

Citizens living in communal apartments have the opportunity to buy a room not only at their own expense. Some of them may apply for a subsidy. But for this you will have to confirm your status as low-income.

The city budget provides additional funds for such families. To apply for a subsidy, you must prove that you do not own another home, and your existing income does not allow you to pay for housing.

Each region sets its own cost of living and minimum wage. Different values ​​are set for minors and adults. If the total income is less than the minimum level, the family is considered low-income. Such families are granted official status on the basis of a personal application. It is with these features in mind that a subsidy is provided for the purchase of a room in a communal apartment.

To receive a subsidy, you need to collect the following documents:

• certificate of absence of other living space;
• a certificate stating that the family has low-income status;
• application in the prescribed form.

But this is still not enough. The family must have insufficient living space, less than 9 square meters. meters per person. To receive a subsidy, the family must be on the list of those in need of improved housing conditions. You can also use maternity capital funds to buy a room. Some regions have special housing programs.

How to get

There are two ways to get a room - social rent and buyout.

There are always priority rights to social hiring:

• among indigenous residents who are on housing registration;
• for low-income people on a waiting list for housing;
• for citizens living in a small apartment (who have deteriorated living conditions).

Hiring

To obtain a room, you must contact the local department of the Housing Department and write a corresponding application, to which the following documents are attached:

• financial personal account (copy);
• extract from the house register;
• a certificate documenting living conditions (issued after inspection by representatives
• executive authorities);
• living space plan;
• residents' passports (copies);
• a document from the Unified State Register (confirms that citizens have no other housing);
• a certificate from the social protection department confirming that the person is recognized as low-income;
• documents for previous housing (if citizens have been living in a new place for less than five years).

Of course, not all of these documents may be required. The list must be clarified on an individual basis. For example, if the applicant has no relatives, the list of documents will be minimal. And if they are, additional documents from their place of residence will be required.

The issue of providing premises for social rent is decided by the housing commission. The result of the review is recorded in a written order. Housing is provided free of charge.

Ransom

If there are no beneficiaries among the neighbors (or they refused to move in), the premises are offered to residents of the same apartment. Even if they do not belong to the category of low-income citizens and are provided with sufficient living space.

The purchase and sale agreement is concluded between the buyer and the Housing Department. The main condition for completing the transaction is confirmation of permanent residence at the specified address (location of the room).

Algorithm of actions:

• contacting the housing department and submitting an application;
• submission of a package of documents (it is similar to that submitted when applying for social rent - only a certificate of recognition as low-income is not needed);
• waiting for a decision;
• after a positive answer, an additional calculation of the cost from the BTI (if the premises are not purchased at market price) or from independent appraisers (at market value) is submitted to the housing management department;
• documents are reviewed by the privatization commission, which makes the final decision on the price of the room;
• payment of the amount specified by the commission to the budget of the locality (done within three months);
• if payment deadlines are violated, documents are resubmitted to the privatization commission;
• concluding a purchase and sale agreement with the Housing Department (after payment); entering the agreement into the state register (registration is handled by the Department).

Buyout cost from the city

The cost of redemption is one of the most important and problematic issues for future owners. This is due to the fact that the fee is paid only after a positive decision is made. The specific amount is not known in advance. It depends on the following factors: market value in the city;

1. cost per square meter taking into account the benefits provided;
2. payment of state duty;
3. payment for paperwork for redemption.

As for the last point, this factor depends on the cost of obtaining certificates, privatization forms and the purchase and sale agreement. This cost may vary in different regions. You will end up paying a little more than the room costs. This is due to the fact that common areas are often added to the price.

Buyers want to know the cost in advance. But this is almost never achieved. But no one will give an exact answer to this question until the buyout procedure is launched. First you need to collect and submit documents, and then you can find out the cost. This always happens when it comes to urgent redemption.

The cost can be found out in advance if the room was being prepared for sale, but for some reason the transaction did not take place. This rarely happens. The district administration will calculate the price on the day of redemption.