Is it possible to turn an apartment into a communal apartment?

How to Transfer an Apartment to a Communal Apartment

Until now, a large number of citizens live in communal apartments, despite the fact that the task was set long ago - get rid of communal apartments from Russian life! This is indeed still one of the most socially significant housing problems.

But the absence of the necessary norms in the legislation, in practice, does not prevent new communal apartments from appearing. Privatized apartments are converted into communal apartments during the division of property during a divorce, or upon receipt of an inheritance.

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How to make an apartment communal

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Is it possible to make a separate apartment a communal one, if the need arises, and what steps should be taken first. According to the law, a communal apartment of the state or municipal housing stock is recognized in cases where, under social tenancy or lease agreements, it is occupied by several tenants who are not members of the same family. Apartments in which individual rooms have already been privatized can also be recognized as communal, but at least one of the rooms continues to remain in municipal ownership. It is these apartments that may fall under the communal housing resettlement program.

The owner of the room can sell, donate or transfer for temporary use under a lease agreement his housing to third parties. To rent a privatized room, the consent of the owners of the remaining rooms in the apartment is not required. When selling, the procedure is slightly different, and co-owners have a pre-emptive right to purchase the alienated property. It is they who need to offer their share in the apartment before offering it to others, and the price should not be higher than that for which it is planned to sell to third parties. Also, the owner of the room owns, by right of common shared ownership, common areas such as the kitchen, bathroom, toilet and corridor.

Despite the fact that communal apartments are a relic of Soviet times, many people are showing interest in creating new apartments of this type. In most cases, this happens after a divorce, when people do not have the opportunity to purchase a separate apartment, but through participation in resettlement programs they want to improve their living conditions. The state, however, does not support such ideas. The Housing Code of the Russian Federation does not allow making a communal apartment either a privatized or even a municipal apartment. There is also no provision for dividing personal accounts for payment. In an effort to get rid of communal apartments, the state does not enter into separate rental agreements with former family members of the employer.

In both cases, property owners can determine the procedure for using residential premises and subsequently enter into an agreement with a notary. After this, each of the owners will be able to sell their share in the apartment to other residents or third parties. It is important that the share is sold with the right to use an isolated premise or room. This fact must be recorded in the purchase and sale agreement. Such transactions, when a person wants to sell a room received during the division of property, are not uncommon in the secondary market. The state, however, in this case does not consider the apartment to be communal, although it is such. Apartments of this type are not included in the resettlement programs, and its residents pay for services on a single bill.

Thus, it will not be possible to improve living conditions by actually turning the apartment into a communal apartment, and therefore, perhaps, it does not make sense. But it is worth remembering another important detail: by selling the property as a whole, sellers receive more than if they were selling room by room. So, for example, in the case when the former spouses each own 1/2 share in a two-room apartment, when selling the entire apartment and dividing the money according to the shares, they will receive 20-30% more.

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Reasons 1) The current housing legislation does not provide for rules on the allocation of isolated rooms in kind and on the division of the financial and personal account of residential premises. Accordingly, if the apartment belongs to the right of common shared ownership, then the division of financial and personal accounts between the residents is impossible.

You need to look at the documents to see if the apartment is owned; if it is owned, then through the court you can allocate everyone a share in the common apartment, and everyone can make a personal account and receive a Certificate for their share. Or you sell your 2-room apartment and each buy your own property.

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Needless to say, even now some citizens dream of turning an ordinary apartment into a communal apartment and splitting bills. For example, ex-spouses who are forced to live in the same living space because it cannot be exchanged. Is it possible today to turn your apartment into a communal apartment or is this no longer possible? And how do communal apartments even exist today?

Initially, communal apartments were provided under a social rental agreement (each family had a room in a multi-room apartment). Subsequently, such apartments were privatized in accordance with the Law on Privatization of Housing Stock. Accordingly, each such family received ownership rights to the occupied room in the apartment. All this was documented, and each room owner has his own set of documents.

At the same time, today an apartment that is in common shared ownership of several persons who are not relatives is often considered communal. Also, residential premises (for example, a house), in respect of which the co-owners have allocated their shares in kind, are also equated to communal housing.

Let's look at both of these cases in more detail.

Common shared ownership

This is the ownership of several persons over the same property, and the share of each owner is determined. Thus, the owners of shares can be related to each other, or even be strangers. Consequently, the shares of each owner in the apartment are determined or recognized as equal (for example, spouses or heirs). But we are all accustomed to the fact that if there is a communal apartment, then everyone must have their own room, as in Soviet times.

Today, the situation is such that owning a “share in an apartment” cannot be equated to owning a separate room. A share in an apartment cannot be literally seen, drawn its boundaries or said that a specific part of the apartment corresponds to it - a corner, half a corridor, etc. A share in an apartment can only be expressed as a fraction (for example, ½).

Common shared ownership also has its own characteristics:

1) Alienation (or sale) of his share by the owner is possible only if the pre-emptive right to purchase it by other co-owners is respected.

2) The owners of such an apartment use all residential premises equally. That is, it is impossible to prohibit one of the owners from going to the bathroom or toilet or walking along a common corridor. But at the same time, they can determine the procedure for using the apartment, so to speak, amicably. But if such an agreement is not reached, then each owner has the right to go to court with an appropriate claim.

But as for the division of a financial personal account within the framework of common shared ownership, this is impossible to do.

The previously existing Housing Code of the RSFSR included a separate article that regulated the division of the financial and personal account of residential premises. At the same time, the state’s new housing policy is aimed at making communal apartments a thing of the past. Therefore, as an alternative in this case, there can only be a division of a single payment document, when the number of invoices for payment of housing and communal services will correspond to the number of owners of shares in the apartment. To do this, you must contact the management organization or HOA with a written application from each owner, attaching documents confirming ownership of a share in the apartment.

Allocation of share in kind

The allocation of a share in kind occurs when each co-owner receives an isolated residential premises and the right of ownership to it. This right is granted by the Civil Code of the Russian Federation. Moreover, if the owners were unable to agree on the method and conditions for the allocation of a share from the common property, then the participant in shared ownership has the right to demand its allocation in court.

At the same time, having an ordinary apartment in an apartment building, it is almost impossible to do this. The allocation of a share from the common property in kind is possible only if there is the technical possibility of converting the apartment and allocating the room into a separate independent living space with a separate entrance and utility rooms.

In this regard, only if the residential premises (house) have isolated rooms that are equipped with a separate entrance and utility rooms: a kitchen, a bathroom, a corridor, then such an apartment can be divided into shares and allocated in kind. As you understand, we don’t have many such apartments in Russia.

After dividing and registering a separate right of ownership for a specific part of the residential premises (house), each owner receives the right to dispose of his property at his own discretion, that is, he can sell, exchange, or donate it.

Only after allocating a share in kind, registering a separate property right and installing utility meters, is it possible to separate the financial and personal account.

Is it possible to become the owner of a communal apartment today? Our regular expert, legal director Ruslan Yakhudin, commented on what you need to focus on if you decide to create a communal apartment in your apartment:

1) The current housing legislation does not provide for rules on the allocation of isolated rooms in kind and on the division of the financial and personal account of residential premises. Accordingly, if the apartment belongs to the right of common shared ownership, then the division of financial and personal accounts between the residents is impossible.

2) The division of a financial and personal account is possible only in the case of allocating the share of each owner in a residential premises (house) in kind. However, for this it is necessary to have the technical ability to transfer to each of the owners of the isolated part not only residential, but also utility rooms, and equipment for a separate entrance.

Thus, housing legislation today is structured in such a way that it is almost impossible to turn an ordinary apartment into a communal apartment. After all, the current housing legislation is aimed at ensuring that the number of communal apartments, if not reduced, then at least excludes the direct possibility of their creation. That is, if at the moment your apartment is not communal, then it will not be possible to make it so in the full sense of the word. https://www.km.ru/nedvizhimost/2013/12/09/rynok-ned...li-sdelat-iz-kvartiry-kommunal

How to Transfer an Apartment to a Communal Apartment

Good morning! In this case, a communal apartment is not considered. It is currently practically impossible to make an apartment communal, even through the courts. The maximum is to allocate shares. But, taking into account that there are three co-owners, the apartment is two-bedroom, and this will be quite difficult. Dividing personal bills into utility bills is entirely possible. What's the point in even bothering with the idea of a communal apartment? Personally, I don't see it.

Hello! if the housing is municipal - then the communal apartment - through the court, if it is privatized - in shares again through the court. BUT utilities and shares are not the best option. The most convenient thing is to sell the apartment entirely and buy everyone else another home, but here everything depends on the relationships between those living in the apartment, as in principle and always.

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Dmitriy

Dmitriy!
There is no direct and easy way to make your apartment communal. Through the court - it is possible. Personal accounts are not divided now. You can sell the entire apartment and divide the money, or everyone can buy other property. If the child is the owner, then through the guardianship and trusteeship authorities with the consent of the mother and father.. That's it. not easy. Good afternoon. If the apartment is not owned - not privatized, not purchased, etc., then it is municipal. You can split the utility bill. If you own property, then you own a share, and a communal apartment is an apartment in which the rooms belong (based on ownership or use) to different people. In any case, if you want to make an exchange, it is better to sell the entire apartment and buy others.