All options for exchanging apartments - is it possible to exchange municipal and social housing?
Russians who want to exchange housing should know which categories of objects cannot be exchanged.
These include:
- Emergency housing, since the owners of such premises are subject to relocation.
- Service living quarters. In the last article we talked about how to privatize and become the owner of official housing.
- Dorm rooms.
- Housing with encumbrances. For example, if an arrest is made or the housing is pledged.
- Non-privatized premises. Privatized and non-privatized residential premises have different legal status, so there may be problems with the exchange. Exchange is possible only for apartments from a fund owned by the same owner.
- Municipal housing. For the exchange of municipal housing, the ban may be due to non-compliance with the standard for the provision of space or deterioration of living conditions.
As a rule, privately owned housing can be exchanged.
The legislation allows the following options for exchanging private residential real estate:
- By concluding an exchange agreement. The owner gives away his home, and in return receives several premises from the buyer, or one piece of real estate with an additional payment.
- Drawing up a chain of sales and purchase agreements.
The first transaction occurs for the sale of housing, the next - for the purchase of residential premises. How to independently complete a real estate purchase and sale transaction? - By allocating a share in the apartment for each owner with subsequent sale. Typically, a share can be exchanged for one piece of real estate.
- Making an exchange with an additional payment. The amount of money that the buyer will have to pay to the seller depends on the value and characteristics of each property in the chain of transactions.
Please note that the decision to exchange must be made by all owners . If one of the owners does not give his consent to the exchange, then the transaction can be considered illegal and invalid.
Exchange of a privatized apartment
There are many more options for disposing of a privatized apartment. Such premises are allowed for exchange only with the consent of the owners.
At the same time, direct options for transferring property through the exchange of apartments and alternative transactions are acceptable. In this case, realtors or companies working in the real estate market select suitable housing that allows for the involvement of several owners and several objects, as a result of which the residents of one apartment disperse into two or more.
Unlike non-privatized objects, in this case it is allowed:
- Receipt or transfer of additional payment to the counterparty if the conditions are unequal.
- Relocation of one (several) participants in the procedure to a private home, by consent.
- Transfer of a land plot to one (several) participants, by agreement.
- Transfer of a sum of money to one (several) participants in the form of compensation, by agreement.
Registration of a transaction with privatized housing is paid for when drawing up a civil contract and registration with Rosreestr.
For municipal facilities, registration of the transfer of rights to premises is carried out free of charge.
The possibility of paying extra when exchanging will allow you to purchase housing of better quality
Many Russians believe that paying extra for an exchange will allow them to get housing with better conditions. However, this is not always the case.
First of all, because the surcharge is not always expressed in monetary terms. The former homeowner can leave his furniture as additional payment. Moreover, repairs made in an apartment or house can be an additional payment. All nuances are discussed and documented.
Thus, a citizen can receive equivalent housing, but with new furniture.
In the contract concluded by the seller and the buyer, there must be a clause with additional payment . You should indicate the payment procedure, terms, and amount of additional payment.
Please note that transactions with an additional payment are only possible with privatized residential premises.
However, if the surcharge is expressed in monetary terms, then:
- One party can improve their living conditions by moving to a larger apartment or house.
- The other party receives material benefits by reducing their living space.
The parties must independently agree on the amount of additional payment.
If problems arise with this, it is better to contact an independent appraiser . He will conduct a study and make a decision on the amount that one of the parties will have to pay.
Also, turning to specialists will allow you to protect yourself from adverse consequences if you have to terminate the contract or declare the entire transaction invalid.
Features of exchanging an apartment where children are registered
When it comes to exchanging an apartment with minor children, many citizens think that they may have problems during the transaction.
And they can really begin if the following conditions are not met:
- Before concluding an exchange agreement, it is necessary to obtain consent from the guardianship authorities.
- The new living space in terms of living conditions for the child should be no worse than the previous ones, and maybe even better. Otherwise, if the case goes to court, the judge may declare such a deal invalid.
Where and how to look for options for exchanging an apartment so as not to be deceived - legal advice
Lawyers recommend contacting only trusted organizations that have documentation for conducting legal transactions with real estate.
To avoid dealing with scammers, you can:
- Request documents confirming the activities of a real estate agent . Never contact individuals. By transferring money to a citizen, you may not achieve a deal. Typically, the organization must be an individual entrepreneur or a legal entity.
- Ask the firm’s clients how their transactions were carried out, and how they helped in general . You can search for reviews on the Internet not on the agent’s company website, but, for example, on social networks, where the information is often true.
If you have chosen the exchange option yourself, without contacting a real estate agent, then it is better to conclude the deal with a notary or in the presence of a lawyer.
Where to start the exchange - list of documents
In order to exchange housing, it is necessary, first of all, to collect a documentation package.
It will include the following documents:
- Passports of all participants in the transaction.
- Birth certificate, if a minor is or will be registered in the housing.
- Certificate of family composition.
- Legal documents. This could be an exchange agreement, a purchase and sale agreement, a deed of gift, a court decision, a will, etc.
- Extract from the Unified State Register or certificate of ownership.
- Technical and cadastral documentation for housing.
- Certificate from the Federal Tax Service of the Russian Federation confirming the absence of debt on property taxes.
- Certificate of marriage registration or divorce if the transaction involves spouses.
- Consent of the spouse to complete the transaction. It must be notarized.
- Consent of guardianship and trusteeship authorities. Specialists must check into what conditions the minor will be resettled.
- Receipt of payment of the state duty for registering the transaction.
- Draft exchange agreement for the number of persons participating in the transaction. Also, one copy should be submitted to Rosreestr.
The procedure for transferring rights is completed only after passing the state registration procedure of the transaction with the authorities of Rosreestr of the Russian Federation . Citizens participating in the transaction must submit an application to the service and attach the concluded exchange agreement or purchase and sale agreement.
The agreement can be concluded in the presence of a lawyer or notary to avoid problems.
The nuances of registering the exchange of housing – an exchange agreement or a purchase/sale agreement?
Let's consider several exchange options, taking into account the category of housing. Using examples, you can determine whether you will be able to exchange your home, and what is the best way to do it.
Exchange of municipal housing
Of course, municipal premises, especially those that have not been privatized, will be difficult to register as ownership and exchange. But if you still decide to exchange, then select the same municipal housing and contact the owner directly with an offer.
The Housing Code of the Russian Federation obliges the landlord to reissue social tenancy agreements according to the options submitted by citizens. They will pay attention to social norms, living conditions, floor space and the need for change. For example, it will not be possible to exchange housing for premises with worse conditions, or if a citizen has arrears in paying housing and communal services for housing under a social lease agreement.
Exchange of a one-room apartment
The peculiarity of exchanging one-room apartments is that citizens cannot always exchange them for several real estate properties.
The following exchange options are available:
- Allocation of shares for each owner and further sale of shares to other owners or third parties. The proceeds from the sale can be used to purchase a new home.
- Drawing up an exchange agreement for two or more residential premises with an additional payment.
- Registration of exchange of a “one-room apartment” for several rooms in a hostel.
- Sale of an apartment with investment in new housing.
As a rule, it is impossible to purchase two real estate properties for the real cost of a one-room apartment. Owners have to pay extra or accept a slight deterioration in living conditions. There are no other options.
Exchange of a two-room apartment
When exchanging “kopeck piece” there are usually no problems. Since the cost of a two-room apartment is higher than a one-room apartment, the option of exchange without additional payment is really possible. But, if you are unable to buy the desired home with the proceeds from the sale of your apartment, you will have to consider the option of paying an additional fee.
An exchange option is also possible, when one owner receives cash, and the second - new housing. The exchange of “kopeck piece” can be carried out under an exchange agreement, or through a chain of purchase and sale transactions - the choice is up to the owners.
Depending on the situation and category of housing, you can choose the option for processing documents and decide what kind of agreement you will have to conclude. Of course, it is better to choose the option without additional payment, drawing up only an exchange agreement. But, if there is an additional payment, then you can conclude a purchase and sale agreement.
In any case, our lawyers will help you decide how best to organize the exchange of housing and tell you how to draw up legally competent documents.
Tax calculation
When calculating tax on the exchange of an apartment, the parties are subject to the conditions provided for purchase and sale transactions, as stated in Article 567 of the Civil Code of the Russian Federation.
If the objects provided to the process by each of the parties were owned for less than 3 years, they are subject to taxation. The calculation is based on the price of such an object, minus 1 million rubles. That is, from a value exceeding 1 million, 13% is deducted for tax payment. The cost of the object is indicated in the certificate from the BTI.
Those objects that have been owned for less than 3 years, as well as municipal housing, are not subject to tax.
Completion of a transaction involves the accrual of a property tax deduction on the amount specified in the information from the BTI. It is permissible for persons who have not previously taken advantage of this right.
If transaction tax (NDFL) has been assessed, it is permissible to contact the tax office at your place of residence with a request to carry out tax settlements. That is, pay off personal income tax with the required property deduction.
Forced exchange and exchange through court
The exchange of housing can occur through the courts. There can be many reasons for going to court, the most common is the second owner’s refusal to exchange.
There are also frequent cases when exchange through the court is carried out in relation to municipal property (Article 72 of the Housing Code of the Russian Federation).
The procedure for forced exchange of an apartment through the court is as follows:
Step 1. Evidence and documents are collected.
Step 2 . A statement of claim is being filed.
Step 3 . The claim with documents is sent to the District Court.
Step 4 . The parties to the dispute come to the first meeting to get acquainted. Additional petitions and applications may be submitted.
Step 5 . The court makes a decision. If the court determines that the proposed division is consistent with the law and the interests of all parties, the defendant will be obliged to comply with the decision.
Please note, if you want to divide private property through the court, the court may deny you this right. But division of ownership rights to shares . Each owner will decide for himself whether to sell his share or not. The court will not force him or force him to do this.
The court can also transfer the object to one of the heirs under the will. Then the new owner of the property will have to pay compensation to the remaining heirs.
Keep in mind that in the statement of claim you need to offer several options for exchanging housing and determine compensation for the sale of the property in the event of payment to another owner.
The court will not provide division options, looking for the necessary and best. Essentially, this issue should be dealt with by the plaintiff, his legal representative or the real estate agent he contacted.
Exchange of apartment during divorce
In the event of divorce, spouses can exchange housing.
This can be done in several ways:
- Through the court. It is not always possible to reach an agreement peacefully, because they want to divide one piece of real estate into two. Some spouses turn to the judicial authorities for exchange and division, offering options for resolving the controversial issue.
- Voluntarily. The exchange of an apartment during a divorce can occur voluntarily. Then the spouses turn to a notary, who records the transaction. The exchange option can be selected by a real estate agent or the citizens themselves.
How housing will be exchanged does not play a big role. The main thing is that the proposed option suits each spouse.
For example, you can:
- Exchange the apartment for two.
- Exchange the apartment for an apartment with a smaller area, and the second owner will receive monetary compensation.
- Exchange an apartment for a house. The other spouse will also be offered compensation.
- Exchange an apartment for two apartments with an additional payment.
The exchange of an apartment between spouses will be possible if it belongs to both spouses, was acquired in a joint marriage and has no encumbrances.
Where to begin?
What documents are needed to exchange an apartment for an apartment? In each specific case, the set of papers is different .
The presence of minor children or incapacitated relatives in the apartments, the existence of a marriage contract between property-owning spouses and other nuances lead to the need to collect additional information.
For this reason, it is quite problematic to independently resolve the issue of preparing a package of documents. It is advisable to seek help from lawyers or employees of real estate agencies .
When contacting a real estate agency, it is important to first study information about existing companies and their reputation to eliminate the possibility of falling for scammers.
The real estate agency enters into an agreement to provide services for finding suitable apartments, collecting and preparing a package of papers and concluding an agreement between the parties. Responsibility for the legal purity of the transaction falls on the organization.
You can learn about how to exchange a room for a house in the village, or an old home for a new building, as well as the features of nonresident and forced barter from our articles.
Sharing housing with minor children
Minor citizens, although they do not take part in the transaction, play an important role in choosing new housing and new living conditions.
The guardianship and trusteeship authorities must control which residential premises will be acquired by exchanging the old one. They must check the conditions in which the child will live - and give their consent to the exchange.
All interests will be represented by a guardianship employee , not a parent, since in some cases even parents can infringe on the rights of children. In conclusion, the specialist must describe whether the new conditions correspond to or exceed the previous ones - and, in general, whether they are suitable for the child to live in.
Guardianship authorities pay special attention to housing in which the minor has a share. For example, if housing was purchased using maternity capital, then the minor has an equal share, like the rest of the family. This means that when buying a new home, he must have the same part of the housing, no less in area and conditions. Obtaining consent from the guardianship in this case is mandatory , there are no exceptions.
Exchange methods
A 3-room apartment can be exchanged for housing of either a larger or smaller area. Which options are the most relevant?
Exchange of a three-room apartment for a smaller one
If a three-room apartment is exchanged for one- or two-room housing in the same area and in the same building, the owner may receive an additional payment. Thus, if you decide to exchange a three-room apartment for a one-room apartment in your area, an additional payment is formed due to the noticeable difference in square footage. However, if you want to exchange a three-room apartment for a two-room one, but in a prestigious area and a new house, you are unlikely to be able to count on an additional payment. This is due to higher prices per square meter in your chosen area.
Exchange of a three-room apartment for a larger one
Such an exchange can be with or without additional payment. For example, the owner of a three-room apartment wants to exchange a three-ruble note of 55 square meters in a five-story building for a three-ruble note of 75 square meters in his area, but in a more modern building with an elevator. Of course, such an exchange is impossible without making an additional payment resulting from the difference in square meters and their price.
However, you can exchange a three-room apartment in Moscow for housing of the same or larger area without additional payment. Thus, a three-ruble rent in a Stalinist house, located near the University station, can be exchanged for a four-room apartment in South Butovo without any additional payment. In this case, the level of the area is reduced, however, if there are no other options, this risk is justified.
Exchange of a three-room apartment for two one-room apartments
You can receive an additional payment in this situation only when the three-room apartment being exchanged is located in a prestigious area in a new, comfortable building and has a large area.
Today, the most relevant is the exchange of a larger apartment for a smaller one with an additional payment. Such transactions account for more than half of all exchanges.
Exchange of an apartment without the consent of one owner
In the event that one of the owners does not give his consent to exchange the apartment, it is necessary to go to court . The statement of claim should require the allocation of a share to each home owner and forced exchange.
In the claim, indicate several options for resolving the dispute, determining how the right to exchange of the other owner can be exercised.
For example , you can offer him monetary compensation, or the purchase of a new home with an additional payment, or simply an exchange for another living space.
The court cannot force a disagreeing owner to sell or exchange an apartment, especially if this is his only home. However, the court may provide the opportunity to other owners to dispose of the shares due to them, if they have not previously declared their rights.
An example is a situation with several owners:
Citizen Lavrov was against the exchange of housing when his three other brothers agreed to exchange the apartment. All were owners of residential premises. The court decided to allocate four equal shares to each brother, respectively. So he gave the opportunity to exercise their rights to each of the owners. That is, the one who did not agree to the sale will remain living in the apartment, but on his ¼ part. In turn, Lavrov’s brothers decided to exchange their ¾ of the apartment for other housing. This is their legal right.
Now you know how you can exchange real estate.
If you have any questions, feel free to ask our lawyers.
When do people want to exchange a three-room apartment?
There may be several options. If you decide to use the help of a realtor, tell him the reason for the exchange. So, the main circumstances are:
- Divorce. The most common reason. Typically, one of the former spouses does not have time to first sell a home and then search. Unpleasant factors here can be inconvenience and cost.
- Adult children who want to live separately.
- The apartment was inherited by several people, each of whom wants to get their own home.
- The apartment is in shared ownership, and the owners, for some reason, want to exchange it.
