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.
Rule No. 3. Buying a room - all attention to the common areas
When buying a room, you will have to buy all the communal amenities that surround it. Everything needs to be clarified during the first viewing. Of course, you shouldn’t imitate the hero of Arkady Raikin, who enters someone else’s monastery with his charter, but it’s better to know in advance where your place will be in the common kitchen, how electricity is paid, what the procedure for using the bathroom is, the cleaning schedule for public areas (common areas) and other little things , capable of poisoning life in the “commune” if poorly organized.
If the plumbing and other utilities are in a deplorable state, then you need to be prepared for the fact that you will either have to invest in repairs or come to terms with what you have.
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.
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.
Realtor tips
What pitfalls can you encounter when buying a room ?
If the funds only allow you to buy a room in a communal apartment or in a dormitory, then you should know that the process of buying a room is not simple, it requires time and the collection of a decent package of documents (often even more than when buying an apartment), and there are pitfalls when buying a room can be encountered at every step.
There are especially many pitfalls when buying a dorm room. A dormitory usually has a corridor or block system. You will rarely find a room in a dorm where there are less than 5 neighbors according to the documents, usually from 8 to 20 (sometimes more).
In such a situation, realtors most often offer to carry out the transaction through a gift agreement, then the neighbors will not need to waive their right of first refusal to purchase the room. This is where the main pitfalls when buying a room lie: the gift agreement involves the gratuitous transfer of real estate, and you need to record the fact of the transfer of money. If this fact comes to light in the future, the contract will be considered void (invalid). It turns out to be a double-edged sword.
In such a situation, some lawyers suggest concluding an overdue loan agreement, when first a loan agreement is drawn up for the required amount, and then an agreement is drawn up that instead of money, ownership of the room is transferred. This option should definitely be discussed with an experienced real estate lawyer; it may not be suitable for you.
One more point: if the owner of the room has caused you even the slightest doubt on any aspects (for example, it seemed to you that he is a drinker), be sure to request that the transaction be accompanied by a certificate from a mental health clinic about his legal capacity (the certificate is valid for 1 day). Don’t be shy, set this condition firmly! There was a case when the owner subsequently provided the result of an examination, allegedly he was being treated for alcoholism at that time and could not realize his actions, although he was absolutely sober during the transaction and people confirmed this, and the court ruled in his favor and the room was returned to him.
Therefore, my advice, in order to avoid the pitfalls when buying a room, is to demand that the transaction be carried out only through a purchase and sale agreement, where the real value of the property should be indicated (in no case underestimated!).
It is better to wait a month from the moment of sending letters to neighbors notifying about the sale of the room (more precisely, from the moment the neighbors receive these letters) than to then go to court and prove your rights. If there are few neighbors, then you can send telegrams - this is a little more expensive than letters, but much more convenient. At the post office they will immediately give you a certified copy of the telegram, wear them for only three days, and from that moment you can already count down the month period (the period during which the neighbors are required by law to give an answer).
If you are not satisfied with the monthly period, then you can pay for the waiver of priority purchase of the room by your neighbors, certified by a notary. This is the most reliable option. But it is possible to come to an agreement with your neighbors and bring them to the transaction registration authority so that they give a refusal on the spot - this option is the cheapest, also reliable, but the most troublesome (it depends on what kind of neighbors you are). You can read about the waiver of preferential purchase of a room here.
What other pitfalls are there when buying a room? I came across a case when, when privatizing a room in a dorm, people independently built a partition in the room and separated the “hallway”. The technician from the BTI then considered that only the area after the partition was residential, and the “hallway” was not counted. As a result, for example, instead of 23 sq.m. According to the documents, they had 17 sq.m., and the buyer already bought a smaller area. The annexation of the rest of the “territory” is possible only through the courts.
Be sure to check the footage in the documents and in fact!!!
For example, a room of 14 sq.m. was for sale, the share in the apartment according to the documents was 25/100. The neighbors have a room of 18 sq.m. is also indicated as a share of 25/100. It turned out that these two rooms were adjacent, both 18 sq.m. and originally belonged to these neighbors. Then they made a partition, which created a corridor and the passage room became isolated, but with a smaller area. The room was sold as a separate room, but the share remained the same. That is, the new owners of the smaller room have to pay for the common corridor, which the neighbors also use.
In addition, do not be stingy and order extracts from the State Register about all owners, because some rooms may turn out to be municipal, and this is a special matter.
Conclusion: to avoid all the pitfalls when buying a room, it is better to contact an experienced realtor who will check the documents, verify the area, help the owner collect the necessary information and conduct the transaction.
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.
Privatization
Only the area that belongs to the municipal authorities can be privatized. You can only privatize a separate premises (room or apartment). You cannot privatize a room in a student dormitory or residential building owned by a specific enterprise. In addition, the room must have residential status. The privatization procedure is regulated by Article 7 of Federal Law No. 189 of December 29, 2004 and Article 2 of Law No. 1541-1 of July 4, 1991.
Required documents:
- application for privatization (with certification from the housing department);
- passports of all registered residents or birth certificates (for children under 14 years of age);
- social rental agreement;
- cadastral papers;
- registration certificate;
- a certificate stating that privatization is taking place for the first time for all participants;
- notarized refusal of persons to participate in privatization;
- extracts from the house register;
- paid state duty.
The collected documents must be submitted to the municipal administration, which within 2 months is obliged to consider the application and conclude an agreement on the transfer of ownership. Then this agreement must be registered in the State Register and a certificate of the owner must be obtained.
If your hostel is considered specialized housing, then privatization will go through the court. The collected documents (along with the refusal of privatization from the local municipality) must be submitted to the district court where the hostel is located.
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.
Owned room - what does it mean?
According to statistics, more than 5 million Russians live in communal apartments and dormitories. Some are waiting to be resettled from dilapidated housing under a state program, while others deliberately purchase this type of real estate to rent out or live in themselves. Are you considering this option? Be prepared: such offers are usually localized in old houses, and their condition is appropriate. Roof leaks, a damp smell from the basement, and a draft cannot be ruled out. The easiest way to solve the problem is with drafty windows: they can be easily replaced with double-glazed windows. But with the rest it’s more difficult: try to avoid living space on the extreme floors.
Dormitories in which rooms are sold are of two types: sectional and corridor. A shared kitchen and bathroom for several families is common. Now many people bring amenities directly into the room: this is possible, but not always legal. That is, the building management will not give permission for such redevelopment. Therefore, if you want to sell your home in the future, problems may arise with documents, namely the registration certificate.
Looking for budget accommodation in a new home? An option is a room “in the common kitchen”. This happens when an apartment has several owners. One decided to sell his square meters, and the other does not want to move and make concessions. Most often, this occurs after a divorce between spouses.
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.
○ Features of buying a room in an apartment, communal apartment.
There are two ways to become the owner of a room:
- By purchasing a room in a communal apartment or hostel,
becoming its sole owner after privatization. - Buy a room in an ordinary apartment and become one of the co-owners.
In the first case, you will be able to manage your property yourself, without taking into account the opinions of your neighbors (provided that the room is privatized). But in the second case, we are talking about common shared ownership. This means that other owners have the right of first refusal.
When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure (Clause 1 of Article 250 of the Civil Code of the Russian Federation).
This means that you will not be able to carry out any real estate transactions without obtaining consent from the other owners.
Therefore, before signing a purchase and sale agreement, make sure that the seller has obtained the consent of his neighbors and you are not in danger of challenging the transaction.
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.
How to buy a dorm room
There are rules on how to buy a room in a dorm and communal apartment. The dormitories were intended for temporary housing only, but since 2007 circumstances have changed.
You can only buy living space that has been privatized. To check ownership, you need to read an extract from the Unified State Register or a certificate of ownership. A separate question is how to buy a room if the housing is used under a social lease agreement.
Not every hostel allows you to buy a room. The sale of housing in departmental or student dormitories is not carried out.
When buying a room, it is important to know how to properly prepare the documents. You should notify other owners of the sale and wait 30 days for a response. Notices can be sent through a notary.
You can't underestimate the price. The sale must take place exactly at the price indicated in the notice.
Some try to circumvent the law and formalize the transaction through a gift. However, neighbors can file a lawsuit, and both sides will face unpleasant consequences.
A deed of gift is considered fictitious if it is drawn up to cover up a real transaction - the sale of housing. It is better not to try to sell the home bypassing the owner.
