How does the exchange of apartments take place?

Law

The law does not prohibit tenants from carrying out the procedure for exchanging a non-privatized apartment. But in reality the issue is not so easily resolved. Therefore, there are not many such deals. Art. 72 of the Housing Code of the Russian Federation contains information on the rules for the exchange of municipal housing. This is the basic law relied upon in this case. It reads:

• The tenant, with the written consent of the owner of the municipal apartment and all residents, has the right to exchange residential premises for other housing.
• Tenants living with the tenant have the right to demand the exchange of the occupied space for other housing located in different buildings.
• If disagreements arise between the tenant and the tenants regarding the exchange of an apartment, each of them can demand a forced exchange of the occupied living space through the court.
• If there are incapacitated and minor family members, the exchange of an apartment without the consent of the guardianship authorities is not allowed.

Municipal apartment

Despite the fact that the privatization procedure has been going on for more than 20 years, today there is a lot of municipal housing.
Many people living under a social tenancy agreement want to leave. The procedure itself is free, except when you have to go to court. There you will definitely need to pay a state fee. In addition, if the administration is looking for exchange options, then you will have to pay for such a service.

The exchange of a non-privatized apartment, which is the property of municipal authorities, occurs in several stages:

1. Search for optimal options. Finding a suitable apartment is difficult, since there are few non-privatized housing left. In some cities, the administration offers a paid service for selecting housing options, which can significantly speed up the process.
2. Preparation of documentation. If there is no social rent agreement, then be sure to conclude one. There should also be no utility debt.
3. Obtaining consent to exchange. Permission is given by the property owner. In this case it is the municipality. The consent of all legally capable persons registered in the living space is also required. If there are small children (under 18 years of age), permission will be required from the guardianship council.
4. Drawing up an exchange agreement. The conclusion of the transaction takes place not in Rosreestr, but in special institutions. They are authorized to register exchange transactions. The previously drawn up agreement is terminated on the basis of the exchange agreement and the consent of all residents.
5. Drawing up a social tenancy agreement for a new apartment.

The scheme is quite complex and lengthy. Requires the collection of many documents. In addition, it is very difficult to exchange for a similar living space. Therefore, sacrifices have to be made on both sides. Neither party to the transaction should charge extra for a less profitable option.

Social housing tenants are not entitled to receive personal benefits from an apartment with this legal status. After submitting all documents, the registration procedure should not be delayed for more than 10 days. If the issue is resolved through court, the proceedings may last for several months.

ATTENTION! Non-privatized housing can only be exchanged for an apartment with a similar legal status. Exchange for privatized real estate is not allowed.

Ways to exchange a municipal apartment

According to Russian law, citizens can exchange municipal housing in two ways. This is with the consent of all registered residents of the apartment, and if there is no consent, then through the court.

Before exchanging, you should prepare your apartment; a buyer for exchange will be found faster if the external condition is better. Moreover, if the apartment is in good repair and there are no broken things, then it will be valued more expensive.

It matters whether the furniture remains in the apartment; perhaps for new residents this will matter. As a rule, the market value of a municipal apartment is 25-30 percent lower than the cost of the same privatized apartments. If the residents have agreed to exchange a municipal apartment, then they need to find another municipal housing for exchange, prepare the necessary documents, submit the papers to the municipal authority to prepare a permit for the exchange, then sign the exchange agreement and formalize the transaction. After this, existing employment contracts are terminated and new ones are signed.

Exchange of municipal housing through the court

Exchange of municipal housing through the court means obtaining permission from the court to exchange or replace a municipal apartment occupied by household members if one of the residents of the apartment is against the exchange.
To carry out the procedure for exchanging an apartment, you must obtain the consent of all members of the tenant’s family, even those who are temporarily absent, and the consent of the municipality. If all of us residents agree to the apartment exchange procedure, then the residents of this apartment can leave.

People who live next door in a municipal apartment, according to the Housing Code of the Russian Federation, have the right to demand through the court that the apartment be replaced with another, equivalent housing. However, in this matter, the consent of the landlord, this municipality, will be of primary importance.

The court does not always annul a municipal decision, even if it concerns a possible deterioration in the living conditions of a minor.

If minors or incapacitated citizens are involved in the transaction, then the participation of the board of trustees is mandatory.

The board of trustees rarely agrees to exchange an apartment; their refusal will also have to be protested in court.

Documentation

To change a municipal apartment, you need to provide the following documents:

• Application for exchange by all registered residents. If there are minors, the consent of the guardianship and trusteeship authority.
• Unified housing document (for the capital).
• Help from the house register. They may be required to provide documentary evidence from the housing department about the absence of utility debts.
• Social rent agreement.
• Identity documents.
• A set of documents used during design.
• Documents or statement about the presence or absence of other real estate.

The list is approximate and may be supplemented by other documents. Their list and quantity depends on the rules established in a particular city. The other party to the transaction must also collect the same list of securities. After collecting all documents and obtaining permission, residents of the exchanged housing must appear for warrants for a new apartment.

It is worth noting that not all real estate offices prefer to deal with the exchange of such apartments. Government organizations are also not obliged to provide assistance in finding housing. In most cases, it is easier to first privatize an apartment and then deal with its exchange.

The only option remains to search independently. Moreover, you can exchange an apartment for another city, which is not contrary to the law.

Through the court

If all residents agree to exchange, this is the most convenient and simplest option. But this doesn't always happen. In practice, there are often cases when not all registered persons agree to such a procedure.

How to carry out a transaction with a non-privatized apartment if one of the residents is against it? And is it possible to exchange without obtaining consent? In this situation, the issue can only be resolved through court. In this case, the interests of all parties to the dispute will be considered.

Before the new Housing Code of the Russian Federation came into force, if a controversial situation arose, it was possible to exchange housing forcibly. Theoretically, the law considers such a situation. But in judicial practice, in most cases, a negative decision is made on the issue of forced exchange.

For the trial, it is necessary to provide a specific housing option. Otherwise, the application may be rejected. You need to be prepared for the fact that the trial may drag on for a long time.

ATTENTION! If one of the residents does not agree with the decision of the rest of the family, you can try to exchange only part of the housing. However, this is problematic, since the other party to the process may not agree to this option.

How to exchange a non-privatized apartment if one is against it

And the second question: if the mother is currently a resident of Spain and agrees to the exchange, can she participate in this somehow remotely or must she be present in person at the trial, for example, to carry out a forced exchange of a non-privatized apartment because of her father? How to exchange a non-privatized apartment? If necessary, then every time (in case of refusal or repeated application) or is it enough just the first time + writing some paper that I will “represent her interests”? Thank you.

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Good evening! Please tell me, is it possible and how to exchange a non-privatized apartment? The problem is this: there is a two-room non-privatized apartment in which 3 people are registered (mother, alcoholic father and daughter, that is, me). Question: how to carry out a forced exchange of a non-privatized apartment if the father is against privatization and exchange? I understand that it is almost impossible to exchange a non-privatized apartment, and it is impossible to force a person to privatize against his will. So what can be done in such a situation?

When not to exchange

Situations when exchanging an apartment is not permissible:

1. The apartment or the entire house is subject to demolition, that is, it is in disrepair.
2. A major renovation is being carried out followed by redevelopment.
3. The owner of the property filed a lawsuit against the tenant to terminate the social rent agreement.
4. The right to use living space is being challenged in court.
5. A person who is planning to move into an apartment has a serious, chronic illness.
6. Housing is classified as specialized or official. Such options immediately disappear, because specialized apartments are prohibited from being exchanged. Residents under a sublease agreement cannot even be allowed there for temporary residence.
7. There is a utility debt for 6 months or more. Such a reason is a valid reason for terminating the agreement with the employer through the court.
8. An exchange for privatized housing is planned.

Exchange may also be refused due to violations of established space standards or infringement of the rights of a minor child. Thus, the answer to the question whether it is possible to exchange a non-privatized apartment is positive. But such a procedure is extremely complicated and time-consuming.

Realtor tips

Hello, please tell me. Here we have a three-room apartment, it is not privatized. There are 6 people registered in the apartment. Me, my daughter, son and they are both minors, brother, mother, and grandmother. I insist on exchanging the apartment, but they do not give consent. I need to live somewhere with my two children. Tell me what to do. And how can you quickly divide an apartment.

Hello. The situation is this: In a four-room, non-privatized apartment, 7 people are registered, 1 of whom is a minor child. We live like 2 different families. According to the court, our bills were divided and now we receive different receipts for payment. Relatives are problematic, clashes occur periodically, everything ends with a call to the police, etc. They refuse to privatize us, but we have nowhere to move, we have to endure it. How to get out of this situation? if there are any options for exchange or partial privatization (but it seems like there is no such thing as partial privatization?)

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