The procedure for purchasing municipal property from the city

In order for a person to temporarily purchase an inexpensive apartment and not spend a lot of money on real estate, you can consider the option of buying a room in a communal apartment in the city. To conclude this transaction, you do not need to have great legal knowledge, since this transaction is basically not very different from other real estate transactions.

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But it is still worth considering some of the nuances that a buyer may encounter in practice.

How to properly issue a ransom

Buying out vacant living space, including urgently, in a communal apartment is possible, but it is worth noting that such a buyout is mainly available to residents of communal apartments.

Legally, communal apartments are registered with the municipality, and persons who rent rooms are responsible tenants without the right to property.

You can urgently buy a room in the commune only by agreeing with the city authorities. The city property management department will be responsible for these issues.

Is it possible to get a vacant room in a communal apartment near the city and how to do it? Answers in this video:

Terms of redemption

City authorities do not have the right to limit the right to buy out, but they can still impose conditions on an individual, for example, normal use of housing during the period of residence. If the rules of residence are violated, the room may not be sold.

It is also worth noting that the authorities may impose other conditions:

timely payment of utilities and housing maintenance;
expedient and safe use of property. Both the property and the room must be maintained in good condition and used primarily as a residence.

If these conditions were met before the desire to purchase the living space, and will be observed in the future, then no problems should arise with the purchase of the room.

How to privatize a dorm room? See the link.

Sample certificate of permission to purchase a room.

The next step that needs to be completed is writing an application.

How to write a ransom application correctly

The main step when buying a room in a communal apartment is drawing up an application. A sample application for the purchase of a room in a communal apartment from the city can be downloaded below for free.

This application is submitted to the local administration, and they can refuse to accept it only if the document is drawn up incorrectly.

Sample application for the purchase of a room in a communal apartment from the city.

Therefore, we need to look at this more carefully:

The header of the application indicates the address where the document is sent, in our case this is a certain administration;
Stepping back a little, you need to write a statement in the middle;
Next, write the text of the application, for example, “I (we) PERSON 1, living (ay, y) at the address STREET 1, ask (shu) to sell into joint (shared) ownership a room (that) with a living area SIZE 1 sq. m. m., located in a communal apartment at the address: STREET 2, consisting of NUMBER of 1 rooms with a total area SIZE 2 sq. m. m., living area SIZE 3 sq. m.;
On the right side are the signatures of the applicants, if there are several of them, then they go one under one;
Next, you need to provide information about the residents; on the right side there should be signatures of adult citizens who live in this communal apartment;
The signature of the official who directly completed the application is indicated below.

Other documents that directly confirm the right of an individual to purchase a room in a communal apartment may be provided with the application.

What documents will need to be provided?

In order to buy a room, one application will not be enough, so it is worthwhile to additionally collect a number of documents.

One of the main documents is an agreement on the use of housing, which must be concluded in advance with the municipal authorities. This agreement is documentary evidence that an individual has the right to receive a room in the commune.
Also attached to the application is a certificate that will confirm that the tenant has no debts for utility services.
Debts for the apartment, repairs of the premises, and so on are also taken into account.
The last important documents will be copies of the passports of the residents of the communal apartment, which are needed to confirm the signatures on the submitted application.

Low-income and large families have a preferential right to purchase. Photo: gazeta.bn.ru

Buying a vacant room in a communal apartment - priority

Sometimes, for objective reasons, one of the rooms in a communal apartment may become vacant. It can be received by one of the other owners living in this living space.

According to the law, neighbors of vacated housing, as well as citizens registered as needy, have a priority right to urgent redemption.

According to the current legislation in the housing sector, the priority for vacated real estate is as follows:

Persons of the first priority are the other owners of the apartment who are registered as needy and have a living space of less than 9 sq.m per person;

The second stage is formed from similar citizens who are not registered as needy, but who may be so.

Persons of the third stage are the owners of the remaining rooms in the apartment, who have living space less than the established standards, but are not registered as needy.

When drawing up a sample application for the purchase of a vacant part, it is necessary not only to indicate the basic information that is mandatory for the urgent purchase of a room from the city.

It must also contain justification for transferring the vacated part into the ownership of the vacated housing.

Such statements are drawn up according to the template established by law. It can be downloaded from specialized resources or obtained by contacting municipal authorities.

How much does it cost to buy a room in a communal apartment from the city?

As practice shows, vacated housing is sold by the state at a price that exceeds the market price. The fact is that a general purpose area is attached to the room. Based on this, a recalculation is made.

However, in the case of an urgent purchase from the city of a vacant room, persons who have advantages (low-income people and owners of other premises) have reducing coefficients.

They are distributed in order of time during which the person has been classified as needy. Calculated from the cost established by the state for the vacant part.

So, for those who have been registered for 15 years or more, the highest reduction coefficient will apply - 0.3 (you will have to pay 30% of the cost).

For a period ranging from 10 to 15 years, the reduction order will be 0.4.

For those who have been registered for 5 to 10 years , the cost of the released part will be 50% of the indicated one.

Persons who are not registered but can do so (or have been registered, but not for more than 5 years) can receive a reduction factor of 0.6.

How to get a subsidy to buy a room in a communal apartment?

According to current legislation, only those who are recognized as needy and have housing of less than the established area (up to 9 sq.m. per person) can apply for subsidies for the urgent purchase of a room from the city.

What is the order of purchase

So, after drawing up the application, you need to consider the general procedure by which it will be possible to purchase a room in a communal apartment.

5 stages:

Submitting an application to the administration;
Making a decision by the administration on the considered application;
Determining the cost of housing. This amount includes cadastral value indicators, which play a significant role in establishing value;
Payment of the cost and transfer of the room ownership. The money is transferred to the municipality's account;
Obtaining a document that confirms receipt of property rights. Such a document is issued in accordance with the general procedure after the month of payment has expired.

This procedure is standard for everyone and should not cause any difficulties at one or another stage of registering ownership of a room in a communal apartment.

How to get a free room in a communal apartment

A little legal information. This event can be carried out within the framework of Art. 59 of the Housing Code of the Russian Federation. This article has four points that govern all actions.

A free room in a communal apartment can be provided to both the tenant and the owner if he is recognized as low-income or in need. This means that anyone who is already recognized as low-income or is in line for housing as needy at the time the room is vacated, then he has the primary right to receive this housing. The process of being recognized as low-income or needy is quite long due to the number of documents collected, so if you assume that good fortune will happen soon and a room will become available, then do it in advance so that your competitors do not interfere with you.
If there are no such people in the first paragraph, then a free room can be provided to a family that can be recognized as low-income and has a total living area of one family member less than the provision rate. This means that if a room becomes vacant, and at that time there are no people recognized as poor or in need of an apartment, then you quickly run to the local administration to be recognized as such. But you also need to check with them about the standard for providing square meters per family member in your city. Such standards may differ in different regions and cities. If there are several such families in a communal apartment, then a competitive spirit appears and getting the coveted meters turns into a long-distance race with the game “what? Where? When?" and the one who collects the required package of documents faster wins.
If no one applies for a free room in a communal apartment, then it can be sold to a family whose square meters provide less than the norm for one family member and is not low-income (that is, this family was denied a room under paragraph 2).
And the last point, if there are no people willing to receive free living space on all three points, then the room is provided under a social rental agreement in accordance with the Housing Code of the Russian Federation. This clause means that the local administration must provide a room to the owner or tenant living in emergency housing, since these citizens are considered out of turn.

Please pay attention! Before deciding whether to provide a vacant room in a communal apartment, you need to find out whether the house is considered unsafe and subject to demolition or reconstruction. In such houses, free rooms or apartments are not subject to distribution, since they are actually unsuitable for living, and, therefore, cannot be provided to citizens for this purpose.

Information about the status of the house can be obtained from the local administration.

How to buy a vacant room in a communal apartment, observing the order

If a place becomes vacant in a communal apartment, then any individual can apply for it.

But it is worth noting that priority in the order of priority for obtaining ownership of a room will be given to low-income people and those who have living space that is less than the established standards.

If an individual is one of the above-mentioned persons, then this will need to be documented, that is, provide real documents that confirm that the person is low-income or does not have a normal place of residence that would correspond to at least some generally accepted standards, but mainly taken here living space sizes.

What grounds exist for refusing to buy a room from the city? Watch legal advice in this video:

Priority is also given to young families who do not actually have a place to live and require a room in a communal apartment.

Buying a room in a communal apartment from the city

Hello Maria Ivanovna! In Moscow, there is a Decree of the Moscow Government dated October 18, 2018 N 1285-PP (as amended on December 19, 2018) “On the procedure for providing from the housing stock of the city of Moscow vacated rooms in communal apartments, shares in the right of common shared ownership of residential premises owned by of the city of Moscow", this document also approved: Appendix 1. The procedure for providing vacated rooms in communal apartments from the housing stock of the city of Moscow under a social rental agreement for residential premises to citizens registered as needing improved housing conditions or as needing residential premises Appendix 2. The procedure for the purchase from the housing stock of the city of Moscow of vacated rooms in communal apartments by citizens registered as those in need of improved housing conditions or as those in need of residential premises. Appendix 3. The procedure for the provision of vacated rooms in communal apartments from the housing stock of the city of Moscow under an agreement social rental of residential premises to citizens who are not registered as those in need of improved housing conditions or as those in need of residential premises Appendix 4. The procedure for the purchase from the housing stock of the city of Moscow of vacated rooms in communal apartments by citizens not registered as those in need of improvement living conditions or as those in need of residential premises Appendix 5. The procedure for the purchase from the housing stock of the city of Moscow of vacated rooms in communal apartments, shares in the right of common shared ownership of residential premises at market value Appendix 6. The procedure for the purchase from the housing stock of the city of Moscow of vacated rooms in communal apartments, shares in the right of common shared ownership of residential premises at a reduced cost Appendix. Methodology for calculating the redemption value of vacated rooms from the housing stock of the city of Moscow in communal apartments, shares in the right of common shared ownership of residential premises at a reduced price

Also, in the legal regulation of the situation, the norms of the Housing Code of the Russian Federation are applied. Thus, the following categories of citizens can receive a vacant room in a communal apartment in the order presented below (parts 1 - 3 of Article 59 of the Housing Code of the Russian Federation): 1) tenants and (or) owners living in a communal apartment who, at the time of vacating the residential premises are recognized or can be recognized as low-income and in need of housing; 2) tenants and (or) owners living in a communal apartment who may be recognized as low-income and who are provided with a total living area per family member that is less than the provision rate; 3) citizens who are provided with a total living area per family member that is less than the provision norm. The first two categories of citizens can be provided with a vacated room under a social rental agreement, the third category - only under a purchase and sale agreement. Notifications about the vacancy of a room in a communal apartment are sent to all citizens living in this apartment by the Moscow City Property Department (hereinafter referred to as the Department). As a rule, the notice states that in order to receive advice and consider the possibility of exercising the right to receive for use (acquire ownership) of the specified room, you must come to the Department. A list of documents that must be carried with you is also indicated (Part 1, Article 37, Part 7, Article 38 of the Law of June 14, 2006 N 29; Clause 1, 4.2.63 of the Regulations, approved by Decree of the Moscow Government dated 20.02 .2013 N 99-PP). To acquire the right of ownership or the right to use a vacant room in a communal apartment, it is necessary to submit a corresponding application to the Department within six months from the date of receipt of the above notification. In the absence of this application or a properly executed refusal to acquire the right of ownership or the right to use a vacated room in a communal apartment, an act is drawn up on the absence of citizens in such a communal apartment who have expressed a desire to exercise the corresponding right (Part 1 of Article 37, Part 7, 7.1 of Art. 38 of Law No. 29). If the provision of a room under a social rental agreement entails exceeding the size of the living space provided from the Moscow housing stock, then the room is provided under a purchase and sale agreement (clause 1 of Appendix 2, clause 1 of Appendix 4 to Resolution No. 1285-PP). To conclude a purchase and sale agreement, submit to the Department the appropriate application and the necessary documents, in particular (Part 1, Article 28 of the Law dated 07/13/2015 N 218-FZ; Part 1, 7 Article 21 of the Law dated 07/03/2016 N 360- Federal Law; clause 5 of Appendix 2 to Resolution N 1285-PP): 1) copies of documents identifying the applicant and all members of his family, including those not living with the applicant, with presentation of the originals (for citizens over 14 years old - passport, for children under 14 years of age - birth certificate); 2) copies of an identification document of the applicant’s authorized representative and a notarized power of attorney, with the presentation of the originals of these documents (upon application by the applicant’s authorized representative); 3) a single housing document (if it is not available, a copy of the financial personal account of the tenant of the residential premises or an extract from the house register, a certificate of absence of arrears in payment for the occupied room and utilities, containing information about the absence of arrears for the three months preceding the month of filing the application). These documents are submitted provided that the relevant functions are not performed by the Moscow MFC, or if the applicant and his family members live in residential premises located on the territory of the Troitsky and Novomoskovsky administrative districts. The remaining necessary documents can be requested by the Department independently or submitted by the applicant on his own initiative (clauses 6, 7 of Appendix 2 to Resolution N 1285-PP). Applicants who are not registered as those in need of improved housing conditions or as those in need of residential premises that may be recognized as low-income and who occupy residential premises less than the provision norm will require additional documents to conclude a social tenancy agreement or a purchase and sale agreement, including in particular, confirming the types and amount of income, as well as housing security and the fact of residence in Moscow for at least 10 years (clauses 2, 5 of Appendix 3, clauses 2, 5 of Appendix 4 to Resolution N 1285-PP) . It also provides for the purchase of a vacated room in a communal apartment by persons registered in it at the place of residence, at a market or preferential price (clauses 1, 2 of Appendix 5, clauses 1, 2 of Appendix 6 to Resolution N 1285-PP). The period for providing public services is 30 working days. The specified period is suspended, in particular, for the period of signing the draft sale and purchase agreement, for the period of submission by the applicant of documents confirming payment of the cost of the room under the purchase and sale agreement and the state duty for state registration of the transfer of ownership, and for the period of registration of the transfer of ownership (clause clauses 14.4, 14.6, 14.7 of Appendix 2, clauses 14.4, 14.6, 14.7 of Appendix 4 to Resolution N 1285-PP). If you do not pay for the room or if you do not sign the draft purchase and sale agreement within the established time frame, the purchase of the room will be refused (clauses 14.6, 17.9, 17.10 of Appendix 2, clauses 14.6, 16.9, 16.10 of Appendix 4 to Resolution N 1285-PP). The Department will notify the applicant of the need to receive a concluded purchase and sale agreement no later than 5 working days from the date of receipt of the purchase and sale agreement with a note on registration of the transfer of ownership (clause 11 of Appendix 2, clause 11 of Appendix 4 to Resolution N 1285- PP).

For more detailed advice on the issue of buying out a vacant room in a communal apartment, you can always contact our lawyers.

Redemption cost

Many individuals want to know the cost of a room before applying for it.

But such people search for information in vain, since the real price of a room is set by the municipality only after an application has been submitted and the cost of a room in the city has been calculated.

What does the price depend on?

The price of a room will depend on various indicators, for example, on the size of the room itself and the apartment as a whole.
Cadastral value indicators also play an important role.

Buying a room in a communal apartment - all the necessary information about the transaction

How much does paid privatization of an apartment cost? The cost of paid privatization is determined after the state evaluates the housing, as provided for in Federal Law No. 135 of July 29, 1998 “On Valuation Activities in the Russian Federation.” The exact price is announced by the local government, Rosreestr, and MFC.

In addition to the fact that you will have to pay for real estate, many certificates are also not free:

certificates from the BTI (from 1000 rubles);
privatization agreement (1000 rubles for each family member);
a duplicate of the order for the apartment (200 rubles);
registration of technical passports (from 1000 rubles).

Also, do not forget that you have to pay for notary services. The final stage of the purchase As soon as the application for the purchase of housing is considered, you will be informed.

Then you will have to pay the state fee and the amount specified in the contract.

Receiving a subsidy for the purchase of a room in a communal apartment

As mentioned above, the poor have an advantage in purchasing rooms over ordinary citizens.

In addition to this advantage, this category of people has the right to receive certain subsidies when purchasing a room in the commune.

In order for an individual to receive a subsidy, he will need to provide the administration with documents confirming that the person has no other living space, and his income level is such that it falls under the low-income category.

What is a share in an apartment and is it worth buying? See here.