How to exchange a dwelling under a social tenancy agreement. How to exchange housing received under a social tenancy agreement? Is it possible to exchange an apartment in social rent

The right to use under a social lease agreement does not imply the possibility of full disposal of real estate. Sale and other forms of alienation are prohibited. Having figured out how to exchange a municipal apartment between relatives, you can perform the necessary actions without violating the norms of current legislation. In difficult situations, an appropriate court decision will be required to eliminate problems.

The norms of the Civil Code and the Housing Code of the Russian Federation provide for the possibility of performing such actions in agreement with all family members of the responsible tenant. With the help of this method, they organize a move to another city for employment, solve other practical problems. Refusal of at least one of the tenants blocks the corresponding process. As noted above, this restriction is removed in the course of the trial.

Exchange of a municipal apartment between relatives is possible only with the consent of the owner. The grounds that the municipality has the right to use for a legal refusal:

the court is considering a statement of claim to terminate the social tenancy contract (on the right to use the premises);
the building was assigned emergency status by the decision of the interdepartmental commission;
demolition or major overhaul is planned;
the purpose of the real estate object is changed.

Possible exchange options

The law does not establish restrictions on the technical and other parameters of real estate objects. It is possible to exchange a municipal apartment between relatives in equal and different proportions (three rubles for two rooms, two apartments for one).

The exchange of municipal housing between relatives does not imply a change of ownership. Therefore, the corresponding records in the Rosreestr database are not changed. Tenants are just entering into new social tenancy agreements. These documents confirm the rights of residence in other real estate objects.

You cannot exchange housing between relatives (third parties) if the property belongs to different forms of ownership. Therefore, in order to implement the plans, it is necessary to select municipal real estate. At the same time, the option with preliminary privatization is not excluded either. After completing this procedure, the owner of the apartment has the right to dispose of the property at his own discretion.

At the same time, there are no territorial restrictions (within the borders of the Russian Federation). If you follow the general rules, you can exchange a municipal apartment between relatives in different cities and regions of the country. In any case, it is necessary to coordinate the exchanges with the legal owners of the property.

Voluntary exchange: step by step instructions

The following algorithm can be used to exchange a municipal apartment:

choose the appropriate option;
during negotiations, they determine the acceptable terms of exchange with the tenant of a suitable real estate object;
verbally clarify the consent of family members of both parties;
receive written permission from the PLO, if a minor child lives in the apartment;
collect the necessary accompanying documents;
conclude an exchange agreement (DM) according to the standard model, taking into account the preliminary agreement;
certify the document with the signatures of the participants;
transfer the DM for approval to the administration of the relevant municipalities;
after receiving a positive answer, they draw up new contracts of social employment, organize the move.

For your information! Since there is no transfer of ownership, registration of the exchange of a municipal apartment in Rosreestr is not required.

Collecting the consent of the tenants

It is possible to exchange real estate between relatives in the absence of objections from family members (RF LC, Article 72). Confirm these intentions with personal signatures in the application to the landlord. It is allowed to draw up such a decision with the help of a notarial document. It will not work to exchange a municipal apartment if the written consent of all family members is absent.

The rights of minor children are separately protected. In accordance with the current regulations, their relocation is permissible only with the preservation (improvement) of living conditions. Compliance is checked by the responsible employees of the territorial guardianship and guardianship authorities (PLOiP). As a rule, the following criteria are specified:

the size of the living space;
technical equipment, sanitary condition of the premises;
wall materials and other general parameters of the building;
the presence of a school, clinic, other social and public infrastructure.

The answer to the current regulations must be provided no later than 14 working days after the corresponding written request.

For your information! Refusal may be motivated by the lack of a separate room for the child. To avoid time delays and other problems, it is recommended that you familiarize yourself with the list of local guardianship requirements in advance.

Similar restrictions with the reconciliation mechanism apply to persons who have been declared incapacitated. To exchange an apartment between relatives in such a situation, you need permission from the PLO.

We get permission from the administration

No special confirmation from the municipality is required. An application with a notification of intent and a barter agreement are submitted to the local administration. If there are no objections, the approval of these documents is certified by the signature of the responsible person with the seal of the unit. Refusal is made with specific reasons. The term for consideration of the application is 10 working days. A negative decision can be challenged in court.

Where to look for housing for exchange

The limited number of offers in the relevant segment of the real estate market creates objective difficulties in the search process. According to current statistics, municipal housing makes up no more than 15-20% of all residential buildings. It is unlikely that an appeal to professional realtors will be effective. However, you should perform a standard search in open specialized databases. As in usual situations, they use filtering according to the specified criteria.

For your information! The Reference Resource Template does not sort by Community Exchange Housing.

Some administrations offer a selection of suitable options for a fee. You can clarify the availability of the relevant services on the official website, by phone, or with a personal visit to the appropriate subdivision of the municipality.

Collecting additional documents

To exchange an apartment between relatives, the following is transferred to the municipality administration:

a statement signed by the responsible tenant and all family members registered at this address;
a copy of the current social employment contract;
certificate of registered tenants;
confirmation of the absence of rent arrears;
consent of the O&P (if there is a minor child in the family);
barter agreement;
civil passports (other identity documents) of all participants;
notarized consent of temporarily absent tenants.

For your information! In large municipalities, you can submit an application along with contracts and other accompanying documents through the MFC branch.

We sign an exchange agreement

This agreement is concluded in writing between the responsible employers. The text notes:

number of family members;
description of the apartment (other residential property);
no encumbrances on the property in question;
mutual obligations to conclude social employment contracts, according to the terms of the move;
liability of the parties and penalties;
the procedure for resolving controversial issues.

We renew social employment contracts

At the final stage, they formalize the right to reside at a new address. For this, a standard social employment contract is concluded. A sample document can be obtained from the office of the local administration or on the official website of the relevant municipality.

Forced exchange through the court

How to exchange an apartment if one of the family members is absent and refuses to transfer a notarized consent - through a court and only in exceptional circumstances. The law determines the mandatory personal participation of all parties to the transaction or the official certification of the respective intentions. Some claims cannot be enforced. In difficult situations, the services of an experienced lawyer will help you to exchange an apartment between relatives.

In what cases is it possible

Is it possible to exchange a municipal apartment without the consent of the tenants - in principle, this option is not excluded. However, for an objective assessment of the feasibility of such a decision, one should take into account the real loss of time and money costs.

The compulsory method, if it is necessary to exchange an apartment between relatives, is used in the following cases

formal dissolution of the marriage relationship;
violation by one of the residents of the rules of public order;
dangerous contagious disease of a neighbor.

Statement of claim

If it did not work out to voluntarily exchange an apartment between relatives, they apply to a court of general jurisdiction for the territorial location of the property. The statement indicates the requirements and evidence of the plaintiff's correctness. Make references to the regulations of the current legislation.

The list of accompanying documents presented below is adjusted taking into account the specifics of the real situation:

a valid social employment contract;
the consent of the municipality for resettlement (exchange);
confirmation from the Ministry of Internal Affairs about registered tenants;
certificates on the presence (absence) of arrears for housing and communal services;
consent of the PLO and other participants in the exchange;
divorce certificate;
floor plans;
other evidentiary materials.

How to support a position in court

It is necessary to apply to the court, having prepared a certain exchange option. Otherwise, it will be difficult to count on a quick positive decision. For example, it is of great importance to preserve or improve the living conditions of a minor child after the exchange of a municipal apartment between relatives.

the ex-husband cannot change an apartment in the absence of a residence permit, since this property is not jointly acquired in marriage;
not only the employer, but also any of the family members has the right to file a statement of claim in court;
in any case, the permission of the owner is required for the exchange;
the refusal of the municipality can be challenged in the courts.

What to do if the exchange does not work

In the absence of the consent of other tenants, the property is privatized according to the standard algorithm. After registration, the new owner can exchange or sell the apartment, transfer it as a gift or apply another scheme of property alienation. Also, as an option - the eviction of a relative with the application of monetary compensation, if he agrees.

Even when disposing of private property, one has to take into account the legitimate interests (rights):

minor children;
spouses;
other tenants (equity holders).

To exchange an apartment between relatives without mistakes, use the help of a qualified lawyer on duty on our website. Online specialist.

Under a social lease agreement, dwelling premises of the state or municipal housing stock are provided for the possession and use for living in it. In this case, the tenant of a residential premises under a social rental agreement has the right to exchange such premises (part 1 of article 49, part 1 of article 60, paragraph 4 of part 1 of article 67 of the RF LC). For the exchange of a dwelling that is in the use of a citizen (tenant) under a social rental agreement, we recommend adhering to the following algorithm. Step 1. Choose an option for exchanging a dwelling with another tenant of a dwelling under a social tenancy agreement.

Apartment exchange for social rent

Info

The cost depends on the office's rates and rates in the region.

The presence of minor family members forces the employer to agree on the deal with the guardianship and guardianship authorities (PLO). The application is submitted at the place of residence. The term of consideration is up to 14 days, after which the PLO issues the final verdict.
The agreement on the exchange of non-privatized apartments is signed by both parties.

The agreement annuls the previously concluded social employment agreements with the municipality (clause 5 of article 74 of the RF LC). Immediately after the exchange is completed, the parties sign new agreements for the move.
The term for their conclusion is up to 10 days.

After making sure that the exchange is possible, the employer proceeds to collect the documents. Consider what papers will be needed from both sides.

The exchange of living quarters under a social tenancy agreement - an algorithm of actions

Attention

Submission of other documents is not required, since they were submitted earlier when receiving a decision on consent to the exchange of living quarters, or they can be requested in the order of interdepartmental information interaction (clauses 2.5.1.1.2 - 2.5.1.1.7, 2.5.1.2, 2.5.1.3 Appendix 8). Termination of old and conclusion of new social employment contracts (or refusal to do so) is made within ten working days from the date of registration of the application with the MFC.

New contracts of social employment, as well as agreements on termination of previously concluded contracts, are issued by the MFC personally to the applicant in hard copy (part 5 of article 74 of the RF LC; cl.

How to exchange housing under a social tenancy agreement?

A person who has a disease that is dangerous to society (active tuberculosis, mental illness, etc., see the list in the government decree of June 16, 2006, No. 378) is moving into communal housing.
The document is fictitious: it is intended to obtain material benefits, and the parties do not actually exchange real estate.
Housing conditions after the move become unsuitable for life, which gives the “injured” party the right to receive other housing on a first come, first served basis.
Real estate on collateral.
The living space was arrested (a criminal case was initiated).
A deal with apartments located in different cities with a mismatch in the number of people living in them.

Apartment exchange options

Documents that need to be prepared, additionally making a copy of each:

a statement of intent to exchange living space;
documents confirming the right to use housing (social rent agreement, orders, extracts from decisions made in a local government institution that the premises are provided for use);
information (extract) from the house book about tenants;
a positive decision of the guardianship and trusteeship authorities, if the persons under the age of 18 who are part of the families of the employers live in the premises being exchanged;
the consent of all tenants to move to another property;
exchange agreement with signatures of employers;
copies of passports.

The documents (by mail with receipt notification or in person) are presented to the landlords in order to obtain their consent to exchange the living space.

Secrets of a Successful Social Housing Exchange

Demolition of privatized housing ").

Assistance in the exchange of non-privatized apartments

For example, privatize an apartment and only then find a buyer. What can be exchanged for? Many people ask themselves the question: how to exchange non-privatized housing and where to look for options? There are many ways to find a suitable living space: newspapers with ads, Internet sites, word of mouth, offers from friends ... But it is preferable to use the help of realtors or real estate agencies in your area.

The base they have collected has available options - all that remains is to choose an apartment and conclude an exchange agreement. Consider what you can exchange non-privatized housing for in Russia:

Exchange between relatives

Known under the informal name "kinship exchange" - this is a sales contract concluded between relatives.

The transaction is made on trust, but you need to adhere to the conditions for concluding such transactions.

How is the exchange of apartments

Privatization of apartments is a free transfer to the ownership of citizens of the Russian Federation on a voluntary basis of the residential premises they occupy in the state and municipal housing stock, and for citizens of the Russian Federation who have booked the occupied residential premises - at the place of booking of residential premises. As a result of privatization, you acquire a number of very important advantages.

A privatized apartment in Moscow can be sold, moved or donated, while these operations are impossible with state (municipal) housing. You can rent out a privatized apartment, which cannot be done with a state one without a permit.

If you need more spacious living space, then you can easily make a profitable exchange of your privatized apartment, and parting with public housing is not so easy.

How to exchange housing received under a social tenancy agreement?

In 10 working days after receiving the notification of service of documents, the renter is obliged to answer in writing with consent or refusal. Previously concluded employment contracts are terminated, new ones are drawn up and signed.
When making a deal, it is imperative to obtain the consent of all tenants in writing, including those temporarily absent and the landlord. If the family has under the age of 18, incapacitated persons or citizens with limited legal capacity and they live with the employer, the consent of the guardianship and trusteeship authorities is required (the basis is the 1st part of Article 72 of the Housing Code of the Russian Federation, as well as paragraph 34 of the Resolution of the Armed Forces of the Russian Federation No. 14). Forced What is a Forced Public Housing Exchange? His family members living with the tenant do not agree to the deal - it is possible to forcibly evict them and move them into other housing only by a court decision.

Exchange of a non-privatized apartment, housing

Such a decision is drawn up on paper and handed over to the applicant. Also, the decision can be sent by mail if the applicant indicated this method of receiving it in the application (p.

p. 2.7.1, 2.7.2, 2.11.3.1, 2.11.3.2, 2.11.4

Appendix 7). Step 5. Terminate the previously concluded social employment agreement and conclude a new agreement To do this, you need to apply with the appropriate application to the Moscow City Property Department through any Moscow MFC (clause 2.3.1 of Appendix 8).

The application must be accompanied by documents proving the identity of the applicant, exchange participants and their family members, as well as documents proving the identity and powers of their representatives.

How to exchange an apartment correctly

Algorithm of actions for the exchange of apartments in 2018:

Find a suitable housing option.
Agree with the tenant of a non-privatized apartment.
Obtain approval from the municipality.
Wait for the second tenant to get approval.
Obtain the consent of the persons registered in the apartment (the second party to the transaction does the same).
Prepare documents.
Conclude an agreement on the exchange of municipal apartments (in accordance with the provisions of Art. 74 of the RF LC).
Agree a deal with the owner of the property represented by the administration.
Terminate the current social employment contract.
Conclude a new contract with the municipality and move into the received apartment.

Below you can find an example of an agreement on the exchange of housing: When the exchange concerns non-privatized housing, you do not need to contact Rosreestr.

Despite the fact that the state has simplified the privatization procedure, many Russians still live in municipal housing, which is owned by state or local authorities. It is rented out under a social rent agreement, and the transfer of municipal housing into possession is regulated by Article 60 of the Housing Code of the Russian Federation. The exchange of living quarters is carried out in accordance with the provisions of the 72nd article of the same code, while the employer has to carry out the main work independently, since real estate agencies do not undertake this, due to the complexity of the process.

Who can exchange public housing

Legal practice shows that the exchange of housing owned by the state or a municipality and provided under a social rent agreement is a standard procedure, but with some peculiarities. Such a living space can only be exchanged for a similar non-privatized one. This is the main difficulty, given the fact that the number of municipal housing is constantly decreasing.

Difficulties also arise if one of the family members disagrees with the planned castling - in this case, controversial issues are resolved only through the courts. There are also controversial issues if minors or persons who are not able to answer for their actions live in a non-privatized apartment. In this case, the permission of the guardianship authorities is required. In addition, the consent of the owner is required to complete the transaction, and government agencies and the municipality do not always give permission for an exchange.

Important! According to the 5th paragraph of Article 72 of the RF LC, it is possible to select options for exchange in different regions of Russia, the main thing is that the owner uses it under a social loan agreement

Public housing exchange: step by step instructions

If there are no problems with the exchange of housing owned by the state or territorial authorities, and all the parties involved in the process have expressed their consent, you can proceed to the exchange procedure. This is done in a certain sequence, while you will have to perform several mandatory actions:

find a suitable option, and it was said above that due to the shortage of non-privatized housing, realtors ignore such transactions
conclude an exchange agreement, which must be signed by all parties involved - co-residents, landlords and guardianship services (if necessary)
termination of the old social lease agreement with the parallel conclusion of a similar agreement at a new address

Despite the fact that it is difficult to find an equivalent housing located in municipal or state property, lawyers recommend contacting a multifunctional center (MFC), where there is a database of such objects. An advertisement in the media and analysis of proposals on specialized sites, presented in a wide variety on the Web, will help to find an option of interest.

What authorities are involved in the execution of exchange agreements

In the MFC, you can clarify information about which authorities in a particular region or municipality are responsible for the execution of agreements for the exchange of housing provided under a social tenancy agreement. This can be the department of housing stock, the administration of the municipality, and other authorities. By the way, housing, the right of ownership of which is stipulated by the social rent agreement, does not need to be registered with Rosreestr.

What documents will be needed

Any real estate transaction requires a lot of paperwork and the collection of a whole package of documents, and the procedure for exchanging non-privatized residential properties is no exception. A complete list of required documents can be obtained directly from the authorities involved in the execution of such contracts. This list includes as standard:

personal documents of all registered residents (passports for adults and birth certificates for minors)
a document confirming the right to own a residential premises, and this can be an order, a social rent agreement, another document
consent from all parties involved in the process (certified by a notary)
the contract itself, certified by the signatures of the parties
permission of the guardianship authorities, if children or people who are not able to make decisions on their own live in the exchanged territory
certificates of absence of debts on utility bills
statement of the prescribed form

The collected documents, and it is better for lawyers to check the completeness, are submitted to the territorial self-government bodies or to the MFC, if the object being exchanged is located in a large municipality. The period for consideration of materials is 10 days from the date of registration, while the state duty cannot exceed 300 rubles.

Subtleties of concluding an exchange agreement

The agreement on the exchange of municipal housing is signed by all participants from both sides, while it is worthwhile to understand that later on, new agreements will be concluded on its basis, therefore, the preparation of the document must be approached very carefully. Therefore, it is important to correctly indicate the personal data of the signatories, indicate the real characteristics of the exchanged objects, register the rights and obligations of the parties, indicating penalties in case of violations. Having received permission to exchange, both employers must terminate the old one and conclude a new social loan agreement. This can be done at the MFC or the municipality.

In what cases the exchange may be refused

As already mentioned, the reason for the refusal to exchange the municipal dwelling may be the lack of permission from the owner or the board of trustees, the unwillingness to change relatives registered in the same territory. It is also impossible to exchange if there is a termination of the social rent agreement in court or there are controversial issues contested in court. They will not be guaranteed to deal with objects that are not suitable for a full-fledged life, if the object is intended for demolition or the purpose of its use changes.

An apartment or a room located on an object that is undergoing a major overhaul with redevelopment cannot be exchanged. Difficulties will arise if a person who has been diagnosed with one of the dangerous diseases, the list of which is presented in the 1st part of Article 51 of the RF LC, plans to move into the apartment. Refusal can be obtained if the living conditions for minors and disabled people after the exchange become worse.

Forced exchange

In addition to voluntary cases of exchange of municipal housing, there is a practice of forced exchange through the courts. This applies to cases of divorce when the former spouses cannot live in the same territory. Such a procedure is also practiced when one of the residents leads an immoral lifestyle or suffers from a dangerous disease that threatens the health of other residents. When filing a statement of claim in court, it is better to seek help from professional lawyers.

Legal assistance in the exchange of living quarters under a social tenancy agreement

How to draw up a statement of claim and collect a package of documents correctly? Our duty specialists can answer these and other questions. Fill out the form below and our lawyer will contact you shortly for free consultation.

11 minutes to read. Posted on 11/14/2019

Who is eligible?

Who is eligible to barter residential premises under a social tenancy contract? The legislative act governing the barter of housing is the RF Housing Code. Article 72 of this document describes the rights of the employer regarding exchange issues.

There is also information about who can demand the exchange of apartments for social rent. In addition to the employer, this opportunity can be used by adult family members living with him.

The first thing that must be done by the initiator of the transaction is to obtain written permission from all household members. If an agreement on the issue of changing housing conditions is not reached, your right will have to

defend in court

forced barter claim

available on our website).

Note:

If the living space is occupied by minors, incapacitated or partially capable people, permission will need to be obtained from the guardianship authorities.
A resident who is away at the time of the transaction must also provide his written permission.

Find out on our website about whether it is possible to change a room in an apartment for a house with a land plot, how to exchange a private house or cottage for an apartment with a surcharge, and also how to draw up a contract for exchanging an apartment for a house and a plot.

Object and subject of exchange of living quarters under a social tenancy agreement

In our case, the basis for termination and registration of a new social rent agreement is the exchange of living quarters.

From the date of the citizen's appeal, each of the landlords terminates and concludes a new contract within ten days (but not later) from the date of a positive decision.

Thus, the exchange of social housing takes place within twenty days: 10 to make a decision on the application and 10 days to complete the contract.

Dear readers, the information in this article may be out of date. If you want to know how to solve your specific problem,

call the phones

Or ask a question to a lawyer on the website. It's fast and free!

Disposal of real estate is one of the key civil human rights recorded in the RF Housing Code. In this case, the disposal of real estate can be carried out both in the case of private property, and in the event that a social employment contract is provided. Since the subject of our interest is the exchange of living quarters allocated to citizens from the social fund of the state or municipality, we will dwell on this issue in more detail.

The exchange of living quarters under social rental contracts is regulated by the housing legislation of the Russian Federation, and to be more precise, by Articles 72-75 of the RF LC. Such a right is available both to the employer himself, who signed a social employment agreement with the owner-landlord, and to representatives of his family.

At the same time, the reasons for such a transaction can be very different, starting with a change of place of work and ending with leaving for another city for training. The legislative order does not imply the provision of argumentation on the part of the applicant for the disposal and exchange of living quarters, since such a right is completely legitimate.

If we turn to the regulatory legal acts that regulate the housing sector, then we can come to the conclusion that the subject of the agreement for the exchange of living quarters is the real estate provided to the citizen (tenant) under the social tenancy agreement. Since the state or municipality can provide various real estate objects for living, the agreement for the exchange of residential premises may include the following categories of subjects of legal transaction:

apartments in a multi-apartment building;
a room in a communal apartment.

The requirement to exchange residential premises under a social tenancy agreement is permitted by law, but it will take significantly longer to achieve the desired result. First of all, you should remember about the legal owner of the municipal apartment, the permission of which is required. It will be necessary to coordinate actions with the administration, namely the housing department or the department of the municipality.

The legal grounds for the exchange are established at the federal level, Articles 70-75 of the Civil Code of the Russian Federation are devoted to exchange issues, establish the rules and procedure for circulation. In addition, the Housing Code regulates the sequence of the operation, for the start of which it is necessary to obtain the approval of all registered tenants. The responsible tenant then informs the administration of his intentions and, with consent, begins to search for suitable options.

The main requirement after obtaining the permission of the landlord and the consent of all tenants is that the second object must also be a municipal fund. In other words, the status of both apartments should be the same and not differ in the form of ownership. The law allows the exchange for several apartments, in the amount of equal area and cadastral value. Exchange litigation often arises between tenants when some family members refuse to consent to the operation.

The court may authorize the forced resettlement or unification of several apartments, taking into account the circumstances presented. If the interests of minors or incapacitated tenants are affected, then the consent of the guardianship authorities must first be obtained. A standard application is written to which an official response must be received within 14 days. Currently, you can send an application through the MFC without visiting the guardianship department in person. The supervisory authority's response will also be received at the center, the refusal can be appealed in court.

The number of apartments occupied in the exchange is not limited by law. You can also exchange apartments located in different localities. Each participant will have to obtain permission from their legal owner, and then proceed with the exchange.

The deal may fail for several objective reasons. To understand how to competently exchange a dwelling under a municipal lease agreement, you need to take into account the reasons for the refusal:

refusal to the employer to extend the social employment contract for objective reasons;
the house is in disrepair or under demolition;
major overhaul of the house planned for the near future;
a legal dispute with an employer regarding eviction;
the presence of a dangerous disease in the tenant;
when exchanging for different cities, the number of residents must be the same;
no arrest or other encumbrances.

In some situations, the contract may be signed by the parties, but registration was denied due to inconsistencies and lack of necessary information. The executive body of the administration applies to the court with a statement of claim; after the transaction is declared invalid, all participants return to their former places of residence.

Residents of a municipal apartment are looking for a suitable option on their own, with the help of intermediaries or by contacting the housing department of the administration. The responsible tenant writes a standard application and registers it, when an option appears, a notification will be sent to the applicant's address. The exchange agreement is drawn up in accordance with Art. 74 LCD of the Russian Federation, the participants are responsible tenants, the consent of the rest of the registered citizens must be attached.

Separately registered citizens do not have the right to allocate their share and change, this is prohibited by the rules. It is impossible to exchange for office space or an apartment in the property. In this situation, it is required to privatize one apartment or cancel the privatization of the second living space, only then make an exchange. An agreement for the exchange of living space occupied under a social tenancy agreement is not registered with Rosreestr, if the owner (municipality) has not changed.

The contract is drawn up in triplicate, for each participant and the housing department of the administration. Copies of the agreement are sent for signature to the housing department, where they are considered within 10 days. Obtaining the signature of the head of the housing department means permission to exchange addresses. If a refusal is issued to citizens, then it must be justified from the point of view of legislation. Interested persons can appeal against the decision in accordance with the established procedure in court.

New lease agreements automatically cancel previous agreements. The municipality is given 10 days to reissue the documents, after which the exchange procedure is considered complete. How to properly exchange housing for social rent, you can consult in the housing department of the administration. If, after submitting an exchange agreement and a package of documents, questions arise, then the consideration period is extended until the disputed moment is resolved.

Necessary documents for the approval of the exchange procedure in the administration:

standardized statement;
document establishing the right of residence;
certificate of family composition;
guardianship permission (in necessary situations);
agreement signed by exchange participants
consent of registered citizens;
identity cards and copies.

The package of documents is sent by registered mail with notification, through the MFC or in person. The consent of the legal owner and all persons involved must be present on the application. The issue is resolved within 10 days. Consent must be obtained from citizens who have been absent for a long time, but who have a permanent residence permit in the apartment. Exchange in different localities requires contacting two housing departments at the same time to approve the transaction.

A legal transaction may not be approved if the unauthorized parties to the transaction are identified. For example, the non-equivalence of premises, the desire after the exchange to get the opportunity to demolish the house as soon as possible and receive an apartment in a new building. Typically, such options are offered by intermediaries with a financial interest in the transaction.

The housing department is considering the issue of exchange for commissions in the presence of specialized specialists. Refusal and explanations of legal reasons are sent to the applicant by registered mail. A negative decision can be appealed in court, for which 30 days are given.

Municipal housing can be exchanged at the discretion of the owner, that is, the administration of the settlement. This is sometimes associated with the reconstruction of a house, the execution of urban planning tasks or as a penalty for defaulters of utility bills. The exchange is carried out by a court decision also in cases where the residents do not agree on the issue of moving. The statement of claim must contain a brief description of the situation and documentary substantiation of the applicant's position. If the arguments are substantial, then the claim will be accepted for consideration, otherwise a refusal will follow.

It should be noted that the exchange of municipal housing does not require the payment of 13% tax, as is the case with the property. Since both properties are owned by the state (administration), social employers do not have to pay to conduct a legal transaction. The parties can terminate the concluded agreement within a month if there are significant reasons, after which the previous agreements are renewed and the residents are registered. If children are born during the procedure, they can be registered at a new address, having previously made adjustments to the new contract.

Aspects of the conclusion of the contract

During the termination of the previous and the conclusion of new contracts, you should check the important points of the documents. Since the exchange of municipal apartments is an open-ended agreement, questions about inaccuracies may arise much later. It will become more difficult to restore the truth, and if privatization is desired, it may be necessary to restore documents for a long period.

Renewal of the current contract is required in the event of the death of the tenant in charge. If citizens living in the same apartment under different contracts register their relationship, then a new agreement is drawn up instead of two previously existing ones.

Cases of document renewal:

change of the name of the registered person;
change in the number of citizens living;
change in living space as a result of reconstruction;
change of postal address and other technical data of the apartment.

It is not uncommon for a contract (order or other administrative act) to be lost or in an unreadable form. The tenant in charge should contact the property for a duplicate. Since upon signing the second copy of the document remains in the archives of the municipality, after a while the applicant will receive the contract again. In addition to the statement of loss, you will need to attach a package of necessary certificates and certificates.

If the tenant in charge dies and the contract is lost, then a duplicate will not be issued. You will need to write an application for reissuing the document to one of the persons registered in the apartment. The decision on this issue is taken by the administration.

Citizens have the right to terminate the social agreement at any time. The main condition is the written consent of all residents. The lessor's consent is not required; the tenants can terminate the contract without giving any reason at any time. The agreement terminates automatically when citizens are discharged from the apartment. In addition, an eviction may be carried out by the administration for the following reasons:

no utility bills for more than 6 months;
damage caused to the premises by living citizens;
regular violations of law and order, complaints from neighbors;
use of the home for commercial purposes.

According to the law, it is impossible to evict pensioners and disabled people from a municipal apartment, as well as citizens who have objective reasons for delaying utility bills. If residents decide to change the apartment, then the issue will be considered in the absence of debts and administrative violations.

The exchange of residential premises occupied under a social tenancy agreement is terminated due to the death of a participant or destruction or liquidation of a residential building. Eviction by decision of the administration is unacceptable without judicial review. The court can approve or refuse the plaintiff, and also offer an alternative option for relocating less comfortable municipal housing. The latter option is most often used, for which there is a special fund. Another frequent court order is to set a probationary period of one year as the initial punishment.

According to the existing rules, pre-trial settlement of the conflict is being carried out. The tenant is notified of a possible legal action and has 30 days to respond. Only then can the landlord go to court with his claim. Before learning how to exchange a dwelling occupied under a social tenancy agreement, you should not have a dispute with the landlord. Being in a judicial or pre-judicial conflict, you cannot start an exchange process.

The state program for the privatization of real estate has been extended. In connection with this opportunity, it is much preferable for the tenants of municipal facilities to privatize their apartment, then to participate in legal transactions.

Once you become an owner, you do not need to ask the landlord for permission, the number of acceptable options will significantly expand. Most often, the exchange of the municipal fund is required in those rare cases when it is impossible to become the owner of the apartment.