Re-registration of an apartment into a communal apartment

Communal property

An apartment is considered communal when it contains:

There are several tenants who are not members of the same family. They can live in the same premises on the basis of social tenancy or rental agreements.
Several rooms, some of which are privatized. and one or more remain the property of the municipality.

The desire to make an apartment communal can be dictated by several reasons:

the impossibility of ex-spouses exchanging living space and being forced to live in the same apartment;
refusal of one of the co-owners to exchange or sell common living space.

In this case, the shares of the participants are allocated in court and the apartment is made communal.

Application for allotment of share

Legal provisions

According to the current legislation, it is not possible to make a privatized apartment a communal one . This is evidenced by the provisions of the Housing Code of the Russian Federation. But there is an option that allows you to divide ownership rights as much as possible. This is a technical division of the apartment on the basis of Art. 34 RF IC, art. 244 of the Civil Code of the Russian Federation and Art. 256 of the Civil Code of the Russian Federation. These provisions do not apply to municipal residential premises that are provided to citizens under a lease agreement for temporary use.

It is also possible to divide the apartment with the allocation of an isolated room to each owner (Article 16 of the Housing Code of the Russian Federation). In the future, it is possible to improve living conditions based on the program for relocating communal apartments.

How to make an apartment communal through the court?

Living in the same living space without ownership is a common problem. Everyone wants to have their own corner, which they have the right to dispose of as they wish. The legislation of the Russian Federation does not allow such a concept as a “communal apartment”. But there are a number of exceptions due to which housing can be divided.

This is important to know: What you can do in a rented apartment

Actions of co-owners to convert an apartment into a communal one

The co-owners carry out a series of events in accordance with the legislation of the Russian Federation, after which the apartment can be considered communal:

file a claim in court;
make a cadastral passport;
register ownership of their shares;
draw up a plan for dividing rooms.

Actions of co-owners	Result
Joint peaceful decision on the division of the apartment.	Each co-owner receives a separate room without going to court. Payment for services is made according to the received share.
Resolving the issue in court if it is impossible to reach an agreement on your own. Submission of the corresponding application.	The allocation of shares to each apartment tenant occurs on the basis of a court decision.

Detailed plan for re-registration of living space

A step-by-step description will allow you to make the apartment communal without any obstacles.

Stage	Content
The first is paperwork at the BTI.	Having received a court decision, the co-owners turn to the BTI. A cadastral passport is drawn up with the boundaries of the rooms indicated. The area of the apartment related to common areas remains in the possession of all residents.
The second is registration of property rights.	A cadastral passport with a plan for dividing the area and an application is submitted to the FUGRTS. State duty is paid
The third is contacting the housing department.	The personal accounts of the co-owners are separated.
The fourth is contacting service provider organizations.	Organizations install separate meters for water and electricity consumption.

The amount of state duty paid to the FUGRC is 2,000 rubles for individuals and 22,000 rubles for legal entities. After 30 days, completed certificates of ownership are issued to each owner separately. Now they have the right to dispose of the shares independently.

Causes

According to the Housing Code of the Russian Federation, it is impossible to divide housing and recognize it as communal. But thanks to amendments to the Civil and Family Code of the Russian Federation, citizens have the opportunity to divide their living space.

According to Article 16 of the Housing Code of the Russian Federation, division of housing in court can be carried out only if each owner remains with one isolated room. Owners must not be related.

Reasons for recognizing an apartment as communal:

presence of 2 or more owners;
personal accounts section;
Possibility of selling your room.

Recognition of an apartment as communal is beneficial for each of its owners. Everyone pays for the services for their own room, and the common ones are divided equally among each of the shareholders.

Where to contact?

In order to recognize an apartment as communal, you must:

file a claim in court;
make a cadastral passport;
register property rights;
make a plan for dividing the rooms.

The application is submitted to the district court at the location of the living space.

Step-by-step instructions for converting an apartment from municipal to public:

Step 1. After the court decision is announced, the owners contact the BTI department. There a cadastral passport is drawn up and the boundaries of each room are marked. The common area is not subject to division;
Step 2. Ownership rights for each room are registered. The applicant takes a cadastral passport, a division plan and submits them to the FUGRTS. He writes an application and pays the state fee. Fee amount: for an individual - 2000 rubles, for a legal entity - 22 thousand rubles;
Step 3. Citizens apply to the housing department to separate their personal account;
Step 4. Install electricity meters in each room.

Registration of ownership rights is carried out within 30 days. Upon expiration of the period, the owners are issued a certificate for the right to use their share in the common living space. After receiving the certificate, shareholders have the right to dispose of it at their own discretion.

It is possible to agree on the division of an apartment without going to court if the shareholders get along with each other. They share rooms and pay bills equally.

Through the court

In order to make an apartment communal through the court, you first need to file a statement of claim. The required documents are attached to the claim. The court schedules a hearing to decide the legality of dividing the living space. The division must be carried out without loss for each owner.

In order for the court to recognize an apartment as communal, you must provide all the necessary documents, following the procedure.

Required documents

List of documents for the court:

statement of claim;
receipt of payment of state duty;
certificate of ownership;
cadastral passport;
plan for dividing living space;
personal data of all owners;
notarized refusal of the room.

If the owners provide the correct list of documents the first time, the court will recognize the apartment as communal.

Is residents' consent required?

It is impossible to recognize an apartment as communal without the consent of all owners in court. A citizen who decides to turn a municipal apartment into a communal one must obtain the written consent of each owner. The consent of the minor owner is issued by the guardianship and trusteeship authorities.

Without the consent of neighbors, the owner has the right:

rent out your room;
register strangers.

If one of the owners wants to carry out repair work in the kitchen, bath, hallway and toilet, he must ask permission from the other owners. Owners have the right to use common spaces in equal shares. The legislation does not establish a fixed procedure. Any disputes and misunderstandings that arise are resolved in court.

Before selling his room, the owner must first offer it to his neighbors at the same price as to third parties. In case of refusal, he sells to third parties.

Statement of claim

A statement of claim to the court for recognition of an apartment as a communal apartment must contain:

full name of the court where the application is filed;
personal data of all owners;
the reason for the transfer of housing from municipal to communal;
Attached documents;
date and signature of the plaintiff.

This is important to know: Consolidation of personal accounts in an apartment according to the Housing Code of the Russian Federation

If you did not find the answer to your question in our article, you can contact our lawyer on the website. He will consider your problem and resolve the current conflict situation.

Similar

Municipal housing is real estate that is rented out for use under a lease agreement. The tenant cannot...

Russian legislation takes special care to protect the rights of children. For this reason, divorced spouses...

Resolving the issue through court

Another option to make the apartment communal is to resolve the issue through the court. In this case, you will need to collect the necessary documents and file a claim. Once filed, a court hearing date will be set. It will resolve the issue of the legality of dividing the apartment space, taking into account the interests of each co-owner. In order for the court’s decision to meet the plaintiffs’ request, it is necessary to follow the procedure and provide the necessary papers for the hearing.

At the same time, it is important not to miss a single document from the list, and then the court will recognize your apartment as a communal one.

List of required papers

The list of documents to be submitted to the court includes:

statement of claim from co-owners;
confirmation of payment of the state duty - a receipt or check;
certificate of ownership of the apartment;
cadastral and apartment area division plan;
information about the identity of each owner;

refusals of non-owned rooms, certified by a notary.

The court, without delay, recognizes the apartment as a communal apartment by its decision if all the documents are collected in full.

Article 42

The owner of an isolated living space in a communal apartment also has a share in the ownership of common property in an apartment building. The share in the ownership of common property in an apartment building of the owner of an isolated residential premises in a communal apartment is proportional to the size of the residential premises owned by him and the size of the common property of the communal apartment in accordance with his share in the ownership of the common property in the communal apartment.

We recommend reading: Property tax when inheriting an apartment

5. When selling isolated residential premises in a communal apartment, the remaining owners of residential premises in this apartment have the right of first refusal in the manner and under the conditions provided for by the Civil Code of the Russian Federation. The Civil Code establishes only one case of exercising the right of pre-emption - the acquisition of a share in the right of common ownership by other participants in shared ownership (Article 250). But in this case, it would be better if in the commented article the procedure and conditions for the sale of isolated residential premises in a communal apartment were described.

Further actions

After receiving a court decision, the stage of converting the apartment into a communal apartment begins at the level of other organizations. This procedure requires certain actions on the part of the co-owners.

Actions	Result
Contact the BTI.	Registration of cadastral and technical passports for separate rooms for each co-owner, except for common areas.
Submitting an application to the FUGRTs with payment of the state fee.	Registration of property rights and issuance of separate certificates to each co-owner for his share.
Contacting the organization that maintains the house on its balance sheet.	Filling out an application for division of a personal account for payment of utility services. The application is accompanied by papers confirming the legality of the division of the apartment and the ownership rights of each co-owner.
Contacting service providers.	Concluding separate contracts for the supply of electricity between each co-owner and the organization. Installation of separate electricity meters for each room. In places where everyone uses, devices are installed to record the consumption of water, heat and electricity.

Apartment definition according to the housing code

SOCIAL RENTAL OF RESIDENTIAL PREMISES Section IV. SPECIALIZED HOUSING STOCK Chapter 9. RESIDENTIAL PREMISES OF A SPECIALIZED HOUSING STOCK Chapter 10. PROVISION OF SPECIALIZED RESIDENTIAL PREMISES AND THEIR USE Section V. HOUSING AND HOUSING-CONSTRUCTION CO-OPERATIVES Chapter 11. ORGANIZATION AND ACTIVITY OF HOUSING AND HOUSING-CONSTRUCTION CO-OPERATIVES Chapter 12.

This definition of the term housing stock and its content is given in the HOUSING CODE OF THE RUSSIAN FEDERATION. Housing stock - the totality of all residential premises, regardless of form of ownership, including residential buildings, specialized houses (dormitories, shelter hotels, houses of flexible stock, residential premises from the housing stock for the temporary settlement of forced migrants and persons recognized as refugees, residential premises from the fund housing for temporary settlement of citizens who have lost their housing as a result of foreclosure on residential premises, which were purchased using loans from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of housing, and pledged to secure repayment of a loan or targeted loan, special houses for single and elderly people, boarding houses for the disabled, veterans and others), apartments, office premises, other residential premises in other buildings suitable for habitation.

We recommend reading: Calculation of wage fund savings in budgetary organizations of the Republic of Belarus