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How does a forced exchange of municipal housing occur through the court? Does this happen often? According to official statistics, about 20% of the total housing stock in Russia has not yet been privatized, that is, it belongs to the state.

A considerable part of these residential premises are provided to needy citizens by the state under social rental agreements. In this case, housing is municipal and the principles of owning it are quite different from the same actions with private property.

However, the actual owners - residents registered in a municipal apartment or house - are not deprived of the right to exchange living space under conditions that will be convenient for all of them. As a rule, such a procedure does not suit at least one of the owners of the described housing, so the decision to carry out the exchange is made by a judicial authority.

We will talk about this event in more detail in the material below.

Basic legal provisions

The main legislative act that will help you understand the issues of housing exchange is the Housing Code of the Russian Federation

When considering the forced exchange of municipal housing through the court, it is important to turn to the main legislative acts in our country, which fully cover this topic.

All issues relating to residential premises and transactions over them are resolved through consideration of the Housing Code (LC) of the Russian Federation.

In the topic we are considering, all the provisions of the code are important, which regulate the basic concepts, procedure and process of providing this type of housing and exchanging it.

First of all, it is important to define the concept of “municipal housing”. In accordance with Article 49 of the Housing Code of the Russian Federation, such housing is a housing facility provided to needy citizens from the local municipality (region, territory, region, etc.) for living.

The use of an apartment or house received from the state must comply with all the terms of the social rental agreement and the legislative rules specified in the Housing Code of the Russian Federation (Chapters 7, 8, 8.1, 8.2).

According to the same code, the tenant (the actual owner of the housing under the contract) has the right to exchange living space. But only if all other tenants and the landlord (the municipality) who provided him with housing agree to this. The main legislative provisions for this type of exchange are presented in articles 72 to 75 of the RF Housing Code.

Difficulties in exchanging municipal living space

Summarizing the information presented in the legislative act, we can highlight the following:

• The exchange of housing provided under a social tenancy agreement can only be carried out with the written consent of all tenants of the housing, the landlord and the guardianship authorities (if there are minor tenants). In other cases, an exchange can only be achieved through court.
• In the exchange procedure there is no limit on the number of participants participating in it.
• The exchange of municipal living space can be carried out either peacefully or through the courts.
• A housing exchange can only be carried out if, after its completion, the rights of none of the tenants are violated. Otherwise, the exchange may be declared invalid in court.
• In a number of situations specified in Article 73 of the Housing Code of the Russian Federation, the exchange of municipal living space is not allowed.
• Tenants have every right to refuse to exchange housing. But their refusal must be justified. Otherwise, it may be appealed in court.
• The exchange agreement is concluded in writing and in compliance with all legal and legislative nuances of this procedure.
• An agreement concluded in violation of the rights of employers, the provisions of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation will be declared invalid in court. After the agreement is declared invalid, all tenants of municipal housing under the social contract will be relocated to the originally provided housing. The culprit, who through his unlawful actions provoked the invalidity of the contract, is obliged to bear some responsibility both to the legislator and to other participants in the exchange transaction.

Do not forget that each individual case may require a more in-depth reference to the legislation of the Russian Federation, so sometimes it is impossible to do without the help of a professional lawyer. Above are only the main legislative provisions that relate to the exchange of municipal living space.

List of documentation provided to the judicial authority

The statement of claim is the main document that must be sent to the appropriate court. The claim can be drawn up either independently by a citizen or with the help of a specialist who understands controversial situations in this area. In the latter case, the service is provided on a paid basis.

The statement of claim must include the following items:

• passport details of the defendant, applicant and all persons interested in the case;
• name of the court;
• information about the apartment subject to exchange (address, characteristics, time of residence at this address);
• reasons for going to court (a request for forced division of housing and the reasons why persons cannot continue to live together in the same living space);
• offering exchange options;
• indication of the absence of voluntary consent of other parties;
• list of attached documents;
• applicant's signature.

It should be noted that equal and unequal exchange are distinguished. In the latter case, citizens who received another apartment as a result of a concluded transaction are obliged to pay the other party the missing amount, which is the difference in the cost of residential premises.

In addition to the claim, the following documents are submitted to the judicial authority:

• a document on the basis of which a citizen has the right to live in an apartment and apply for exchange (warrant, social tenancy agreement, title papers for privatized premises);
• certificates about family composition and about all persons registered at the address;
• certificates of marriage/divorce;
• written permission for exchange from co-owners, municipality or landlord;
• a receipt confirming payment of the filing fee;
• personal account statement;
• cadastral passport of the premises.

In order for the judge to satisfy the plaintiff’s demands, the citizen should be offered in the text of the claim possible ways to resolve the conflict, that is, prescribe options for exchange. It is important to take into account that the new residential premises must meet the requirements established by law, namely that:

• each owner was entitled to the allotted living space in the region;
• the premises complied with sanitary standards;
• the interests of children and incapacitated citizens were taken into account.

Interesting article : How to register a built house as your property?

Cost of the exchange procedure

The cost of exchange depends on the chosen method of selling housing. In the case of concluding an exchange agreement, citizens must pay the second party with whom the exchange is taking place an amount equal to the difference in the cost of the apartments.

After completing this transaction, persons pay only the cost of producing a new certificate of ownership. The cost of the claim also depends on the price of the disputed residential premises.

Claim form and required documents

How to file a claim in court for forced size of an apartment?

Based on the fact that today’s material examines in detail the procedure for the forced exchange of a municipal apartment through the court, it would not be superfluous to consider the correct form of the claim and the necessary documents for filing with the court.

It is worth understanding that the legal literacy of the drafted claim largely determines whether you will be able to achieve your goals in the trial.

A correct statement of claim must necessarily contain the following information:

• Full name, address, year of birth and contact details of the plaintiff (the employer who initiates the exchange);
• Full name, address, year of birth and contact details of the defendant or defendants (employers who do not agree to the exchange);
• information about marriage or its dissolution (if there is one between tenants);
• information about children (if any among employers);
• address of housing and period of residence in it;
• description of housing (apartment or private house, floor, rooms, condition, etc.);
• housing stock;
• the plaintiff's arguments indicating the need for forced exchange;
• offering exchange options;
• information that the defendant or defendants did not voluntarily agree to make the exchange;
• request to a judicial authority to carry out a forced exchange.

In the process of asserting your rights in court, you may need the following documents:

• a copy of written consent from the landlord to carry out the exchange;
• consent of the local executive or administrative government agency for intercity exchange (if deciding to move to another locality and get municipal living space there);
• a copy of the title document for the home;
• certificate of registration from the place of residence;
• certificate of family composition (if the employers are a family);
• a copy of the divorce or marriage certificate (if available);
• a written application for refusal or consent to exchange from all tenants of the described housing;
• receipts for payment of all necessary state fees.

By adhering to the above rules for drawing up a claim and collecting the necessary documentation, you can significantly increase the chances of a successful outcome of the legal proceedings.

The procedure for forced exchange of an apartment

Housing can be owned by one citizen or several, if we are talking about shared ownership. Moreover, in both cases, the persons who are the owners of the premises have the right to freely dispose of the object at their own discretion.

There are often situations when one large family or even several families live in one apartment. Improving living conditions is a long process, so some citizens prefer to choose the exchange of living space.

It is possible to carry out such a transaction with the consent of all co-owners of the property. However, it is difficult for several relatives to reach a compromise. In this case, a forced exchange of the apartment is carried out through the court. In this case, housing must be owned by individuals.

There are 2 ways to exchange existing residential premises:

• through barter;
• by selling the property.

The forced method is a longer process than exchange by voluntary consent of the co-owners of the property, requiring the preparation of documentation for going to court and participating in the proceedings.

Conventionally, the procedure for the forced exchange of a privatized apartment can be divided into the following stages:

1. collection of documentation required to go to court;
2. competent execution of the corresponding statement of claim for the forced exchange of real estate;
3. appeal to the district court and obtain the judge’s opinion.

The reason for applying to the judicial authority may be the impossibility of further cohabitation of citizens in the same living space, unacceptable behavior of one of the co-owners or residents, as well as the inability to reach an agreement voluntarily (peacefully).

It is worth noting that it is possible to exchange not only privatized housing, but also property acquired in another way. However, exchanging privatized premises for non-privatized (that is, municipal) premises is impossible.

An exception is the deprivatization of the first apartment or the conduct of a privatization procedure in relation to the second object.

Useful article : How and where to get a certificate from the BTI?

In what cases will the court refuse an exchange?

What can prevent you from carrying out a forced exchange of living space?

Forced exchange of housing through the court is a rather complex legal procedure. Even after collecting all the necessary documents and competently drafting a claim, the employer cannot guarantee himself success in achieving his goals in the lawsuit.

This is due to the potential presence of any factors that may force the court to refuse the exchange.

One part of them is enshrined in the Housing Code of the Russian Federation, and the other is formed based on the individual characteristics of each case. Taking into account the presence of such factors, the judge makes a final verdict.

Nuances of the event

Nuances that must be taken into account when preparing a claim for forced exchange

The entire process of exchanging municipal housing is quite confusing and difficult to implement.

Even after reviewing and carefully studying the material presented above, not every person will be able to fully understand the essence of this procedure. One way or another, you will have to deal with the legislative and legal aspects of the exchange.

To simplify the process of understanding all the intricacies of the exchange of municipal housing, our resource has highlighted a number of important nuances of this event for consideration:

1. Any tenant or, more simply put, a registered tenant has every right to initiate an exchange.
2. Do not forget that it is necessary to carry out an exchange through the court only if the remaining employers or part of them have refused the voluntary procedure and the event is justified on your part.
3. Before going to court to file a lawsuit, be sure to consult with a legal professional about the advisability of such a practice in your case.
4. Draw up a statement of claim specifying all the details of your situation and in accordance with the form presented earlier. Also, do not forget to take care of collecting some documents.
5. When deciding to go to court, remember that in the process of resolving controversial issues you will have to incur some financial expenses. You will definitely have to spend money on paying the necessary state fees, obtaining certificates and processing other documents. In addition, litigants often spend considerable amounts of money on the assistance of lawyers and attorneys.
6. Even if you achieve a forced exchange of the described housing in court, do not rush to rejoice. The fact is that not in all regions of the country the municipal housing stock is rich enough. As a result, it can be very difficult to find suitable housing for exchange. At this stage, you need to be prepared for a long and persistent search for housing for exchange that will satisfy all the necessary requirements.

As you can see, litigation on issues of forced exchange of municipal housing is not an easy matter. During the course of a trial, new problems may arise, making life more difficult for those involved. Is it worth it or not - decide for yourself.

When resolving such issues through the court, do not forget to use the material presented above and contact professionals for help.

You can learn more about exchanging an apartment by watching the video:

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Discussion: there is 1 comment

1. Ivan says:
   09.20.2020 at 19:24

   In general, is the option now realistic that was common in those days when almost all housing was municipal property: people from different cities come to an agreement and simply exchange their apartments without any courts?

   Answer