Privatization of a dorm room under a social tenancy agreement: where to start and what documents will be required?

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Published: 08/11/2016

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A hostel is a place for temporary residence of certain categories of the population of the Russian Federation; it is divided into different types depending on who it belongs to and who lives in it.

Our article will talk about hostels in the Russian Federation, the categories of citizens who can live in hostels, the procedure for providing rooms for rent, which authorities are involved in this, what documents are needed for official registration and what to do after approval or refusal of permission such a request.

• What is a hostel, and what types are it divided into?
• Categories of citizens who may qualify for social housing in a dormitory building
• Procedure for submission and required documents

In what cases is this possible?

If the house you live in is still a functioning dormitory, you will most likely have to say goodbye to the dream of privatization. According to the Housing Code, dormitories are intended for temporary residence of citizens - for the period of work or study. According to the law, such premises cannot be privatized. However, there are exceptions to all rules.

It happens that for certain reasons the hostel passes from state ownership to the ownership of local authorities. In this case, the premises already lose the status of a hostel, and in fact, also ceases to be one. In other words, privatization of a room is possible only if the building has ceased to serve as a hostel as temporary housing for students and workers. For you, this house is a place of permanent residence. In this situation, you have every chance of privatizing a dorm room. Where to start?

Legal basis

Is it possible to privatize a dorm room?
According to the law, places in dormitories are provided to citizens temporarily , for the period of performance of official duties or studies (read about the privatization of official housing).

Such living space, until recently, was in the possession of many government organizations and enterprises , whose employees moved into them for the period of fulfilling their work duties.

Today, the number of hostels has dropped sharply as many businesses have gone out of business. At the same time, many former employees continue to live in the previously provided rooms.

Formally, the buildings still have the status of dormitories, but many of them have been transferred to the balance of municipalities and have actually become state property.

Thus, such living space has already lost its temporary status, no longer performs its former functions , and the possibility has arisen of transferring rooms in former dormitories to private hands.

The Law of the Russian Federation “On Privatization...” determines the possibility of acquiring ownership of a room in hostels only if the applicant began living in it before 01.03.2004 , that is, before the entry into force of the Housing Code of the Russian Federation in the new edition.

We receive a social tenancy agreement

First of all, find out information about your house: who owns the hostel, what status it is in at the moment. If the house is municipally owned, it makes sense to proceed further. The next step you must take is to enter into a social rental agreement with the city administration. This is a document confirming that the dorm room has been transferred for your use indefinitely and legally. Without this agreement, further privatization procedure is impossible.

To draw up a social tenancy agreement, a package of documents is required:

• Your passport;
• everything related to the composition of your family: marriage/divorce certificate, birth certificate of children, etc.;
• documents confirming that you have the right to use this room. This could be a decision to provide you with a room from your place of work or some other document. If the living space was provided to you from your place of work, you will need a photocopy of your work record book;
• a certificate stating that you have no other privatized property besides this room.

Your application will be reviewed within a month, then, if approved, you will receive the desired contract. The hardest part is behind us: now the likelihood that you will be denied privatization is almost negligible.

About the opportunity

Is it possible to privatize a dorm room?

Yes, you can - this is allowed by Federal Law No. 189-FZ (as amended in 2016) “On the entry into force of the Housing Code.”

Although it is more complicated than an ordinary apartment (RF Law No. 1541-1 “On the privatization of housing stock”).

Anyone can carry out the procedure for transferring square meters into private hands . Any citizen of the Russian Federation, even a minor, can be a participant, it is enough that he lives in the given premises.

Of course, for a reason. As in the situation with official housing, a number of conditions must be met. And the main one is a signed social tenancy agreement, or at least the likelihood of its conclusion.

Otherwise, registration of ownership will only be possible through a judicial procedure, and even then it is not a fact that the court will not refuse. Why? For example, it may turn out that the building does not belong to the state, but to a specific private company.

Or it is specialized , for example, it belongs to a college or university - although in fact not only students can live there, legally the house is still classified as a specialized fund.

Or, for example, one of the premises was converted and turned from habitable to non-residential . It will also not be possible to register it as personal property.

You will also have to go to court when, one day, the owner receives news that the room he occupies will either have to be purchased at the market price (and in Russia it costs a lot of money) or vacated.

So, when is it possible to privatize your corner in the hostel:

• the house belonged to a state or municipal organization and was used specifically as a hostel;
• the building was transferred to the municipal fund.

As for common areas, the definition of shares in them can be established only after the premises have completely passed into private hands.

Read about the deprivatization procedure in our article. Find out also about the statute of limitations for invalidating the privatization of an apartment.

Submitting an application for privatization

If your application is satisfied and the contract is concluded, the privatization of a dorm room is no different from the standard procedure for privatizing an apartment. The following documents must be submitted to the registration chamber:

• passports (and photocopies of all pages) belonging to all persons registered in this room. If you have children, you will need their birth certificates. Registration in the room you are interested in, indicated in the passport, must be permanent - persons with temporary registration will be denied privatization unconditionally;
• technical passport (room plan), obtained from the BTI;
• social rental agreement received from the owners of the hostel: original and copy;
• a copy of the financial personal account;
• a certificate confirming that your previous place of residence was not privatized by you, as well as an extract from your home book;
• if minor children lived in the room, certificates from their new place of registration will be required confirming that the children were not left homeless;
• if there are persons who legally lived in the room, but are now not interested in it, their notarized refusal of privatization will be required;
• check after payment of state duty.

Depending on the situation, the number of participants and other details, you may need additional documents. You can find out the exact list directly at the place of application. After the application is submitted, all that remains is to wait two months and finally receive the long-awaited certificate.

What kind of room should the room be?

In order for the privatization of an apartment in a hostel to become possible by law, the building must meet the following requirements :

1. Listed on the balance sheet of local governments.
2. Take ownership of the authorities from a state or municipal enterprise.
3. Do not enter the special housing stock. appointments.
4. Operated for the purpose of residence of citizens.

In this case, the room must be completely isolated, transferred to the status of a room for permanent residence .

The premises being privatized must meet all the listed requirements, otherwise privatization will be denied to the persons living in it.

Also find out on our website whether it is possible to privatize an apartment with debts.

Going to court

Doesn't look that hard? However, you should not be confident that the administration will unconditionally support your initiative, and you will easily privatize a dorm room. Under a social rental agreement, transferring rooms to hostel owners is unprofitable. If all the rooms are privately owned, where will those who need temporary shelter be accommodated? And sometimes the administration doesn’t even explain the reasons, they simply don’t even want to hear about privatization.

One way or another, the likelihood of getting rejected is high. But you shouldn’t despair: you have the right to appeal the decision in court. Despite the laboriousness of this method, most often it helps solve the problem with privatization. The court will consider the situation individually and make a final decision regarding privatization.

During the step-by-step investigation, the following issues will be clarified:

1. Is the premises residential? If a room is recorded in the BTI as non-residential or intended for other purposes, for example, for recreation, it will need to be recognized as suitable for living.
2. How many people, besides you, can apply for privatization of this room.
3. Do you have the right to conclude a social tenancy agreement?
4. Finally, the final decision on the possibility of privatization.

It is worth noting that the judge does not have the right to force the municipality to enter into an agreement with you on the privatization of a dorm room. But through the court it is possible to clear the obstacles that prevent this and prove the legality of this act.

If the court has made a positive decision on your issue, you need to do the following:

1. With the technical passport of the room and a document confirming the court decision, register the room with the cadastral register. The information will be ready after 5 days.
2. After this, you contact the registration chamber and submit an application for privatization in the standard way.

Causes

Why and is it necessary to register residential premises owned under a social tenancy agreement?

Only a specific resident can answer this question unambiguously—for himself.

The undoubted advantage of this procedure will be that from now on the residential premises will be the personal property of the tenant.

He can sell it, make it a pledge, donate it or bequeath it to someone.

It is clear that the owner of a room has a much greater chance of acquiring his own separate apartment - after all, he will have to save much less than “from scratch”.

In the case of municipal housing, all these “options” are not available - after all, the resident is not the owner of this premises, and therefore cannot carry out any legal transactions with it.

As for the disadvantages of a privatized room, there is, of course, a financial issue. High (for many) housing costs, as well as major repairs - its financing will also fall on the shoulders of the private owner.

It is quite obvious that it is possible to undertake the transfer of the disputed premises into private hands only with the help of an experienced lawyer. He will outline the prospects of your situation, help you with documentation and, most importantly, he will be able to defend your position in court.

Read our article about how to determine whether your living space is privatized.

What to do if several people live in a room?

If you moved into a room when the house was still a dormitory, you may have had roommates. A legitimate question arises: do they have rights to the room in this case? The answer to this directly depends on whether these persons currently live in the room.

If your neighbors have long since checked out of the room, are registered at a different address and generally no longer have anything to do with the hostel, you have nothing to fear. In this case, you are the sole contender for the role of owner of the room.

If at the time of privatization there is someone else living in the room besides you, the court has no right to bypass him. The room can only be privatized into shared ownership. Thus, you will receive only half or less of the apartment - unless your neighbor makes a documented refusal to privatize.

If the persons registered in the room have been absent for a long time and contact with them is completely lost, the court will consider this issue privately. If you fail to find your neighbors and they are declared missing, you will no longer have any obstacles to privatizing the room.

Of course, privatizing a dorm room has a lot of advantages: you can sell the room and get extra money to purchase an apartment, or, for example, use it as collateral when getting a mortgage. And in general, at least some property is better than nothing. But privatization also has its pitfalls.

Once you acquire your own property, you will automatically lose the right to purchase housing in the social queue. Unfortunately, it doesn’t matter that you only have a small room. The fact remains: you have housing. So it’s worth thinking again: wouldn’t it make sense to wait in line and get housing that better suits your requirements?

One way or another, privatization of a dorm room from 2014 to 2015 is free of charge. So, if you set out to become the owner of your room, hurry to fulfill your intention.

Privatization of a dorm room through the court

Often local authorities cannot firmly decide whether a room is subject to privatization or not. And just in case, they refuse this under various pretexts. The only possible way out of such a stalemate is to file a lawsuit against the municipality in the courts. To do this, an application is submitted to the court of the district in which the hostel is located. It may contain two types of claims:

• Issue a court order to the municipal authorities to conclude an agreement with the residents of the hostel on the free transfer of ownership of the residential premises.
• Recognize ownership of this living space through the privatization procedure.

The appropriate option should be chosen based on the motivation for the official refusal to privatize residential premises. To increase your chances of success in litigation, you should seek the services of a professional.

Compulsory procedure in case of refusal

The privatization of a dorm room does not always end successfully immediately after submitting documents; in some cases, the applicant has to fight for his property in court, with the exception of situations where he was refused due to a violation of the procedure for carrying out this procedure. For those who do not yet know where to start challenging the administration’s act, we advise you to check with a specialist whether the refusal was issued legally.

We will appeal the administration's decision in court:

1. We are waiting for a written refusal from the administration.
2. We draw up a statement of claim indicating the articles of law that were violated by the municipality.
3. We pay the state fee according to the court details in the amount of 300 rubles.
4. We prepare a set of necessary documents.
5. We send it by registered mail via Russian Post or transfer it to the office.

At the hearing, not only the evidence provided by the plaintiff will be taken into account, but also the arguments of the defendant’s lawyers, so the support of your lawyer when going to court will greatly increase the chances of success.

Long-term judicial practice shows that most of the cases considered on such issues demonstrated a violation of the law on the part of the administration. That is why, when receiving a refusal, it always makes sense to try to restore justice and defend your right to privatization.

Sources

• https://kvartirniy-expert.ru/privatizaciya/municipalnoj-kvartiry/komnata-v-obshhezhitii/
• https://ros-nasledstvo.ru/privatizatsiya-komnaty-v-obshhezhitii/
• https://conti-moto.ru/privatizatsiya-komnaty-v-obshhezhitii/
• https://urned.net/zhilishhnoe-pravo/privatizatsiya/komnaty-v-obshhezhitii.html
• https://pravorzn.ru/zhilishhnye-voprosy/privatizaciya-komnaty-v-obshhezhitii/
• https://pravo.guru/gilishnoe-pr/nedvigimost/kvartira/privatizacija/municipal-kv/obshhezhitie.html
• https://realtyurist.ru/privatizacija/privatizacija-komnaty-v-obshhezhitii/
• https://walaw.ru/nedvizhimost/privatizaciya-komnaty-v-obshchezhitii
• https://myjus.ru/housing-law/privatizaciya-komnaty-v-obshhezhitii/
• https://info-zhilish.ru/privatizatsiya-komnaty-v-obshhezhitii.html

Will it be possible to privatize a dorm room with a social security agreement?

You can privatize a dorm room only if the dorm status has been removed. From March 1, 2005, instead of a warrant, a social rental agreement is concluded, which is equivalent to the issuance of a warrant. The procedure for privatization under a social contract. hiring and warrant are the same.

I am planning to buy a room in a hostel (municipal property). The realtor says he will make a “social rental agreement”, what is this? How's the warrant for the apartment? And that later, when the hostel is privatized, I, along with everyone else, will be able to privatize my room. I read on this portal that only those rooms whose owners had a “social tenancy agreement” concluded before March 1, 2005 will be subject to privatization. Is this true? If the hostel is privatized, what will happen to my room? Will I remain in it (the mistress)?

Re-registration of housing

It is not always possible to redecorate a room in a dormitory. This is clearly regulated by Federal Law No. 1541-1 of July 4, 1991 and Federal Law No. 122 of July 21, 1996.

This procedure is possible if the facility (dormitory) is owned by the local municipality (or previously belonged to the state) and is provided for living. The privatized area must have the status of residential premises. The isolation of the room also plays a special role.

Any person who lives in it can privatize a room (or several rooms). Minor citizens have the same right (according to Federal Law No. 1541-1).

After privatization of the room, the owner becomes its full owner and has the right to:

• sale;
• change;
• donation and other procedures.

However, common areas in the dormitory (shower, bathroom, kitchen, etc.) belong to common shared ownership, that is, to the property of all residents of adjacent rooms. Accordingly, all residents have equal rights to use the common property.

More details about the privatization of municipal housing can be found here.