Related exchange of apartments: paperwork and procedure for exchanging housing
Content
The exchange of apartments between relatives is one of the legal ways to solve the housing problem of one or more families.
Various options for related exchange of housing may involve both civil transactions and actions that do not entail the transfer of ownership of real estate.
The legislative framework
Legal regulation of the exchange of real estate, including between citizens with family relationships, is carried out within the framework of the following regulatory legal acts:
- Civil Code of the Russian Federation;
- Housing Code of the Russian Federation;
- Family Code of the Russian Federation;
- Federal Law No. 218-FZ regarding registration of the transfer of ownership.
In addition, the exchange of apartments can be carried out by registering at a new place of residence. In this case, regulations governing the procedure for carrying out this procedure will be applied.
Chapters 30 and 31 of the Civil Code of the Russian Federation establish general rules for conducting exchange transactions, which also applies to cases of related exchange of apartments. According to the rules of civil law, transactions for the exchange of apartments are carried out, which belong to citizens by right of ownership.
Registration of such transactions is carried out by Rosreestr authorities on the basis of Federal Law No. 218-FZ. However, it is impossible to exchange a municipal apartment in this way.
If there is an exchange between relatives occupying housing on social rent, the norms of housing legislation become key.
The Housing Code of the Russian Federation establishes a list of rights and obligations of the tenant and owner of the housing stock, which will be implemented when preparing documents for exchange.
What exchange options are most often used?
Most often, relatives use this exchange:
- apartments for apartments;
- shares of an apartment;
- rooms for an apartment.
Possible methods of exchanging real estate between close relatives directly depend on the goals pursued by citizens:
- improving the living conditions of one or both parties;
- receiving property benefits if the exchange of privatized apartments with relatives involves a monetary supplement;
- moving to another locality or region of the country if intercity exchange is carried out;
- resolving a dispute about cohabitation if citizens initiate a forced exchange of an apartment.
The specific methods of making an exchange depend on the specified reasons, as well as on the legal status of the property.
For apartments owned by relatives, this method will be to carry out a civil transaction with mutual registration of rights to newly acquired objects.
The option of exchanging with the participation of municipal apartments is significantly limited by the mandatory requirement to obtain the consent of the owner of the fund or the landlord. In this case, the lack of permission will not allow citizens to exchange their apartment under any circumstances.
Another way to exchange apartments between relatives is not to draw up documents with legal force for residential premises, but to mutually extract and register citizens.
Such actions can only be performed in relation to municipal apartments and with the consent of the landlord. This option is the most labor-intensive and can only be implemented if many formalities are observed.
Where to start?
Exchange is a complex of legally significant actions and decisions that relatives must make simultaneously with two privatized apartments.
How to do everything correctly, from a legal point of view, and carry out the real estate exchange process in a short time? This procedure begins with determining the legal status of residential premises. Further, citizens must give preference to a specific method of making barter.
If the housing is owned by the parties, the transaction begins with the preparation of documents and an exchange agreement. Citizens can carry out all the necessary actions when making an exchange between related families independently or with the help of a qualified intermediary, lawyer or realtor.
The option of related exchange of an apartment for an apartment in municipal ownership begins with obtaining permission from the authorized bodies for the disposal of property.
In this case, the first stage of the exchange will be the simultaneous appeal of citizens to the owner or landlord of the housing stock.
Where should I go?
The exchange of residential premises between relatives must be recorded in the authorized bodies.
To do this, the parties to the exchange must contact the following bodies and institutions:
- to the authorities of Rosreestr or the MFC at the location of the real estate objects - if there is an exchange of own apartments;
- authorities for managing municipal property - if an exchange of municipal residential premises is carried out between two related families.
Territorial divisions of Rosreestr will register the transfer of rights to real estate and issue new title documents (cadastral passport and extract from the Unified State Register of Real Estate).
Municipal institutions for the disposal of property will carry out the exchange by re-issuing social tenancy agreements.
What documents are needed?
The required list of documents for exchanging real estate will also differ depending on the legal status of the property and the chosen method of exchange.
The documentation for an apartment owned by citizens includes:
- certificate of entitlement or extract from the Unified State Register of ;
- cadastral passport;
- the document on the basis of which the apartment was purchased (purchase and sale agreement, privatization agreement, etc.).
This housing documentation must be collected by both parties to the exchange.
To re-register rights to municipal premises, citizens will be required to submit social tenancy agreements and evidence that a related exchange of apartments for another apartment is taking place. In addition, you will need to take door-to-door cards for both sides of this procedure.
Registration costs and terms
How much does it cost and what should I pay for? When making an exchange transaction, the parties exchange real estate at the same time, however, the state registration procedure is carried out within 7 working days from the date of application, and if the documents are submitted through the MFC - 9 working days.
To complete registration actions, it will be necessary to pay a state fee in the amount of 2 thousand rubles.
If citizens live in apartments on social rent and exchange premises through municipal authorities, the deadline for processing documents may be set by local authorities.
As a rule, the total duration of work does not exceed two months. The procedure and amount of payment of the necessary fees and charges are also established for each municipality.
Possible reasons for refusal
If citizens exchange residential properties that belong to them by right of ownership, the only grounds for refusal can be violations in the preparation of contracts. Owners have the right to independently dispose of their housing, and restrictions on this right can only be established by law.
For the exchange of municipal housing, the reason for refusal may be the reluctance of the landlord to carry out this procedure. In addition, during the verification of documents, a deliberate deterioration in living conditions for one or both parties may be established, which will also lead to a refusal of registration.
Some features
For the exchange of certain types of objects, specific document design features are provided. To exchange a room in an apartment for a plot of land or a house, it is necessary that such heterogeneous objects be owned by citizens.
To complete a similar transaction in relation to housing when exchanging a share of an apartment, it will be necessary to additionally prepare the following documents:
- cadastral passport and extract from the Unified State Register of Real Estate in relation to the plot and house;
- notarized consent of the owners of shares in the residential premises for the alienation of part of the apartment.
Is it possible to exchange mortgage housing without the bank's consent? An established encumbrance (pledge) in favor of a credit institution requires the obligatory consent of the pledge holder, which in practice is difficult to implement.
How to exchange an apartment with decent wear and tear for a new living space? The law does not prohibit changing an old apartment to a new building. The terms of such agreements can be determined by citizens themselves.
When registering a related apartment in a new building to replace the old housing, an additional payment may be established corresponding to the difference in the market value of the objects.
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